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Burden of proof Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Burden of proof"

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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Actual Guilt vs. Legal Guilt

Image via Wikipedia"We make a distinction in this case between the "actual" guilt or innocence of a defendant and the "legal" guilt or innocence of a defendant. "Legal" guilt or innocence is that determination made by the trier of fact in a criminal trial.  Thus a defendant found "legally" guilty has been found guilty beyond a reasonable doubt by a jury of his peers in a criminal adjudication. "Actual" guilt is intended to refer to a determination in a civil trial, by a preponderance of the evidence, that the defendant engaged in the conduct he was accused of in the...

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