Research check #14

2. Breathe some life into the defensive concept of reasonable doubt:
"rope a dope" another way of describing the reasonable doubt defense.

-prosecution can be required to disprove a defense/ the burden of persuasion on the defensive issue can be placed on the accused.

-burden of production refers to the requirement that a party product a certain amount of evidence in order to have the issue submitted to the trier of fact.

-burden of persuasion is expressed in a given degree of doubt: proof beyond a reasonable doubt, clear and convincing evidence, & preponderance of the evidence.

- when the fact finder is not convinced, the issue must be decided in favor of the opposing party.

-proof beyond a reasonable doubt: was thought to be the fundamental as the standard of proof in criminal cases.

- use to be that the criminal conviction had to be based on proof beyond a reasonable doubt & that the same standard applied in delinquency proceedings

- most jury trials end in conviction, & the number of overwhelming number of guilty pleas could mean that a huge percentage of defendants are confident that the prosecutors can prove guilt beyond a reasonable doubt.

- case laws do not allow arguments that seek to quantify proof beyond a reasonable doubt by putting a specific number or percentage on it.

- the analogies the prosecutors and defenders use are poster boards, PowerPoint visuals, diagram of a football field with the end zone being proof beyond a reasonable doubt, etc. (of the arguments try to quantify reasonable doubt in numbers, statistics or percentages, the argument will be objectionable in most courts.)

- to emerge victorious at the jury trial, the defense advocate must have a palatable theory of the case.