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beyond a reasonable doubt Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "beyond a reasonable doubt"

The Importance of the Burden of Proof

We want our judges to stand up for the highest tenets of justice and apply the burden of proof in a fair and impartial way - especially when the pressure is on.  Here is a very pertinent quote from the Charlotte Observer. The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state's evidence, is predisposed to find for the state, or looks for ways to assist the state in the prosecution of a case. Judges...

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Proof Beyond All Reasonable Doubt And Other Closing Arguments (by DaytonDUI)

Imagine that you woke up with a sore throat.  It persists throughout the day and into the next.  As the week drags on you feel worse and worse and your wife demands that you go to the doctor.  You hate doctors, but you feel so lousy that you agree to get your throat checked out.  When you arrive you fill out the requisite forms and wait longer than you feel is necessary.  Just as you are nearing your boiling point a nurse calls your name and leads you into a small room.  You tell her that you've had a sore...

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Innocent Until Proven Guilty; Does it apply in Ohio DUI Prosecutions?

Ei incumbit probatio qui dicit, non qui negat In America you are presumed innocent until proven guilty beyond a reasonable doubt.  "Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof.  This presumption is ancient, dating back to the Old Testament.  In Genesis 18:23-32, it states, "Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty...

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