Sentences with phrase «determining guilt of the accused»

DeVos has also urged universities, when determining the guilt of the accused, to move from the standard of «preponderance of evidence» to one of «clear and convincing evidence.»

They do not play a role in determining guilt of the accused.

Not exact matches

The determination by the expert is not conclusive of the ultimate question of whether the accused was driving while impaired by a drug; their task is to determine whether the evaluation indicates drug impairment; the expert evidence can not presume the ultimate issue of guilt; it is «merely one piece of the picture for the judge or jury to consider.»

Every person accused of a crime should have their guilt or innocence determined by a fair legal process.

The SCC has confirmed the innocence of the accused exception to privilege and have established a test: (i) the threshold question of whether the accused can show that the communication is relevant to his or her defence and is otherwise unavailable must be satisfied; (ii) assuming the threshold test is met, the accused must establish an evidentiary basis upon which the court could conclude that a communication exists that could raise a reasonable doubt as to his or her guilt; and (iii) if the accused can satisfy step (ii), the court will examine the information to determine whether the information is likely to raise a reasonable doubt as to the accused's guilt or whether there is a genuine risk of a wrongful conviction.

Release pending trial is critically important to every accused person, both because defending a case is much more difficult from in - custody than out; and also because the presumption of innocence is always undermined where a person is held in jail before his or her guilt and innocence is determined.