burden of proof in criminal cases

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More than 10.000 documents for burden of proof in criminal cases
  • Roland Paul Yet another survey It is amusing to read about yet another task force survey ("Survey of experienced litigators finds serious cracks in U.S. civil justice system," September-October 2008 Judicature) revealing that: (a) litigation costs drive cases to settle that deserve to be tried on the merits; (b) the longer a case goes on, the more it costs; (c) discovery abuse in civil cases remains a significant problem; (d) discovery sanctions are seldom imposed by the court; and (e) meaningful civil justice reform will not be quick or easy. To resolve these delinquencies, the following proposals are made: 1 Abolish the attorney-client privilege; 2 permit, even require, selfincrimination; 3 abolish the presumption of innocence and the burden of proof "beyond a reasonable doubt" in cr...

    ... of proof "beyond a reasonable doubt" in criminal cases; 4) dispose of the adversarial system; 5) di...

  • An expert on Pennsylvania estate law praised Allegheny County District Attorney Stephen Zappala's office Thursday for prosecuting an Upper St. Clair lawyer for allegedly bilking an elderly widow. Prosecutors rarely push for criminal charges in such cases, usually citing a higher burden of proof in criminal court than in civil cases, said Montgomery County attorney J. Brooke Aker, who spoke at a legal seminar Downtown.

  • ... embodied in other federal statutes criminalizing false statements to public officials. See, e. g., ... is a necessary element of the Government's proof of materiality and reliance. Pp. 785-795. 2. A ci... test is more consistent with the heavy burden of proof borne by the Government in denaturalizatiion cases and has the virtue of diminishing the risk of erro...

  • ...-evidence standard--the lowest standard of proof in all of our jurisprudence--is constitutionally s... convicted as a direct result of the low burden of proof prescribed by the Lego Court and reiterat...proceeding in criminal cases in which a defendant seeks to prevent the introduc...

  • While defending criminal cases, Dee Wampler sometimes spies civil litigators sitting in the courtroom, scribbling notes and sniffing out liability. You sit and watch and see what kind of evidence they have," said Wampler, a Springfield lawyer. "If you get a conviction in a criminal case, you know which way the land is lined. From there on, it's downhill.

    ...Given the higher burden of proof in criminal cases, and the fact that pros...

  • ... Timms' case is among the first cases arising out of the civil commitment system establi... federal custody for the service of his criminal sentence. . While the Comstock I appeal was pen... district court's judgment concerning the burden of proof under § 4248. We held that the statute d...

  • ... the 924(d) forfeiture proceeding was criminal and punitive in nature, it was barred by double je... (b) The difference in the relative burdens of proof in the criminal and civil actions preclud... the burden of proof in criminal and civil cases precludes application of the doctrine of res judic...

  • ... Timms' case is among the first cases arising out of the civil commitment system establi... federal custody for the service of his criminal sentence. . While the Comstock I appeal was pen... district court's judgment concerning the burden of proof under § 4248. We held that the statute d...

  • ... Timms' case is among the first cases arising out of the civil commitment system establi... federal custody for the service of his criminal sentence. . While the Comstock I appeal was pen... district court's judgment concerning the burden of proof under § 4248. We held that the statute d...

  • ... Timms' case is among the first cases arising out of the civil commitment system establi... federal custody for the service of his criminal sentence. . While the Comstock I appeal was pen... district court's judgment concerning the burden of proof under § 4248. We held that the statute d...



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