Presumptions, Standards Of Proof And Burden Of Proof

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Issue:

Social Issues

 

Written by:

Laura C

 

Date added:

June 1, 2014

 

Level:

University

 

Grade:

A

 

No of pages / words:

7 / 1911

 

Was viewed:

4781 times

 

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Essay content:

What constitutes the standard of proof is a crucial area in which the two branches of the legal system differ. In criminal law the standard of proof is "proof beyond a reasonable doubt," whereas in civil cases the standard is "a preponderance of evidence or in some rarer cases "Clear and convincing evidence...
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As a result of this strict standard, the guilty often go unpunished because the prosecution is unable convince the trier that the evidence meets this standard. At the same time, an immoral person with a personal vendetta in mind who falsely accuses someone of a crime would have a very hard time getting a conviction...
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