![]() ![]() ![]() Burden of persuasion: The responsibility of convincing the jury that there is sufficient evidence to warrant a verdict in the prosecutor's favor. Ex: For insanity defense, the defense must present some credible evidence to support the insanity defense - The burden of pleading → the burden of production are placed on the same party. Presenting sufficient evidence to avoid a "directed verdict" by the judge that the prosecutor has fallen so short of presenting proof that no reasonable jury could decide the issue in the prosecutor's favor - When the burden of pleading is on the defense, the burden of production is typically low. Ex: insanity, self-defense, duress Burden of production: The responsibility of presenting sufficient evidence to warrant a jury or judge to consider the issue. Almost always done by putting it in writing in a court filing - To meet its burden of pleading to initiate a case, the prosecution must file a charging document - Many jurisdictions require the defense to file a notice if he is going to pursue certain defenses that will require special preparation by the prosecution to meet them. In that situation, where the standard of proof is preponderance of the evidence, reviewing courts instruct trial judges to take the case from the jury when. Burden of pleading: The responsibility of raising the issue or injecting the issue into a case. But what does ' proof beyond reasonable doubt ' mean and how do judges convey the meaning of this venerable phrase to juries It is notoriously difficult.
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