What is the definition of evidence in american jurisprudence

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Assignment:

1. Why are the rules of evidence necessary?

a. Do they always help in the search for the truth?

2. Why does our system of justice place the "burden of proof" of proving guilt, upon the prosecution in a criminal case, with the burden "never" shifting to the defense to prove innocence?

a. Explain three fact situations where the burden of proof would switch to the defendant in a criminal case.

1. What is the definition of evidence in American jurisprudence? Is it really considered evidence if it's not admissible in court?

2. What is due process, and how is it used as a flexible term for the compliance of a fair and orderly legal proceeding? Should every defendant be afforded due process, even terrorists?

3. Why do you believe the Supreme Court held that proof beyond a reasonable doubt in a criminal case is a constitutional requirement?

4. The rule is that the burden of proving guilt never shifts from the prosecution in a criminal case. Does this mean that the accused is never responsible for proving any other claim of innocence?

5. In some instances the defendant has the burden of proving affirmative defenses. When would this defense be raised, and does this violate due process for the defendant?

Reference no: EM133665877

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