Not exact matches
In criminal trials, the burden of
proof lies on the
prosecution, meaning the jury will have to find Hernandez guilty «beyond a reasonable doubt.»
In a statement, Bharara's office said there was «insufficient evidence to meet the high burden of
proof required for a federal
criminal civil rights
prosecution.»
This is more problematic
in criminal trials, where jury questions could provide evidence pushing a case over the threshold of
proof needed to prove beyond a reasonable doubt that the
prosecution failed to provide, than
in civil cases with a preponderance of the evidence standard.
The burden of
proof in criminal cases is on the
prosecution.
(b)
Proof that the defendant - licensee, or his or her employee or agent, demanded, was shown, and acted
in reliance upon bona fide evidence
in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any
criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
Moreover
in relation to the remaining four units of the 11 Mark 19 TPU's, the
prosecution witness could only at best say that «it is possible that the same person was involved
in the construction of all the NI units» — again hardly a ringing endorsement that the demanding standard of
proof expected
in a
criminal case had been achieved.
To preclude a civil litigant from relitigating an issue previously found against him
in a
criminal prosecution is less severe than to preclude him from relitigating such an issue
in successive civil trials, for there are rigorous safeguards against unjust conviction, including the requirements of
proof beyond a reasonable doubt and of a unanimous verdict, the right to counsel, and a record paid for by the state on appeal.