Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Tunehead54; JimRed
-- Pre-trial the burden of proof is on the defendant (preponderance), at trial its on the prosecutor (reasonable doubt). --

Expanding on that a bit, for JimRed's benefit (I know you already know this), the burden is on defendant to assert self defense. This is true at the immunity hearing, and at trial. But the standard of proof differs, between an immunity hearing, and a trial.

At the immunity hearing, the standard of proof is that more likely than not, defendant's actions were justified self defense - he had a reasonable fear of serious injury or death. At trial, once he's laid out his self defense claim, the burden is on the prosecution to prove that it was NOT self defense, and it must make this proof beyond a reasonable doubt.

It's easier (takes less evidence in favor of the self defense claim) to maintain self defense at trial, than it is to obtain it at the immunity hearing.

The general progression of "standard of proof" (state's burden) as one goes from suspect, to arrested, to charged, to pre-trial hearing, to trial (assuming the case doesn't collapse along the way) is that the earlier in the life of the case, the easier it is for the state to maintain its grip on defendant. It takes less evidence to justify a police arrest than it does for the prosecutor to charge. And so on, through motion for dismissal based on immunity, through trial. The standard of proof is highest at trial, lowest at arrest.

53 posted on 06/11/2012 3:54:03 PM PDT by Cboldt
[ Post Reply | Private Reply | To 52 | View Replies ]


To: Cboldt; Tunehead54
Thanks for expanding on Tunhead54's clarification. I've nearly reached the point of grokking" it all!
57 posted on 06/12/2012 2:42:17 PM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson