Law Chapter: Burden of Proof and Defence

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Questions and Answers

What is the standard for the accused to discharge the evidential burden in self-defence?

Proving innocence beyond reasonable doubt

Offering a conclusive proof of the act

Providing evidence that might create reasonable doubt (correct)

Meeting the burden of legal proof

Who generally bears the legal burden of proof in a criminal case?

Both parties share the burden equally

The prosecution must prove all elements of the offence (correct)

The accused must prove their innocence

The judge determines the burden based on circumstances

In what scenarios can an accused bear the burden of proof instead of the prosecution?

When claiming insanity, under certain statutes, or if specifically provided by law (correct)

In any case where reasonable doubt is raised

During the presentation of negative evidence only

In cases of self-defence only

What does the prosecution need to prove in a rape case regarding consent?

That the complainant did not consent Signup and view all the answers

Which of the following is a limitation on the prosecution when proving a negative?

There are three specified categories of exception Signup and view all the answers

What is the implication of the House of Lords' ruling regarding the burden of disproving malice aforethought?

The jury must determine malice without the defendant's proof Signup and view all the answers

What does the term 'reverse onus provisions' refer to?

Circumstances where the accused must prove certain defenses Signup and view all the answers

Under what condition must an accused prove the defense of insanity?

On a balance of probabilities Signup and view all the answers

What must the prosecution prove if the accused raises the defense of insanity in a murder charge?

The alternative issue raised by the defense. Signup and view all the answers

In cases where an accused is alleged to be under a disability affecting their ability to plead, who bears the burden of proof?

The burden of proof shifts depending on who raises the issue. Signup and view all the answers

Which statement about statutory exceptions concerning the burden of proof is true?

The accused may be required to prove specific issues under certain statutes. Signup and view all the answers

What does the balance of probabilities imply in the context of defenses like diminished responsibility?

The defense must demonstrate a greater likelihood of their claim being true. Signup and view all the answers

What characterizes an evidential burden in legal terms?

A requirement to produce some evidence to support a claim. Signup and view all the answers

In the context of the insanity defense, how is the burden of proof generally distributed?

The defense must prove insanity on a balance of probabilities. Signup and view all the answers

What is the significance of Article 6(2) of the ECHR concerning the burden of proof in legal cases?

It supports the presumption of innocence in legal proceedings. Signup and view all the answers

What happens under HRA 1998, s. 3 concerning words like 'to prove'?

They may limit the burden to only requiring evidential support. Signup and view all the answers

What is the definition of the evidential burden in a legal context?

The responsibility to provide sufficient evidence for a defense to be considered by a jury. Signup and view all the answers

In a legal proceeding, how do the legal and evidential burdens differ?

The legal burden is the obligation to present a case, while evidential burden pertains to specific pieces of evidence. Signup and view all the answers

In cases where the defense bears a reverse burden of proof, what is generally expected of the defense?

To provide evidence sufficient to raise doubt about the prosecution's case. Signup and view all the answers

What must a judge do if there is no evidence to support the defense that an accused relies on?

Withdraw the defense from consideration by the jury. Signup and view all the answers

In the context of self-defense, what is required for a conviction of wounding to be upheld?

Evidence showing a genuine fear of imminent bodily harm. Signup and view all the answers

How can the evidential burden be discharged by the defense?

By providing sufficient evidence through cross-examination or any credible source. Signup and view all the answers

What occurs when a judge raises the issue of insanity on their own motion?

The matter is left for the jury's determination. Signup and view all the answers

What is a common misconception regarding the defense's evidential burden?

It rests only on the prosecution to produce all evidence. Signup and view all the answers

What does the evidential burden refer to in legal context?

The duty of a party to produce enough evidence to support a claim Signup and view all the answers

How does the legal burden differ from the evidential burden?

Legal burden refers to the obligation to secure a conviction, while evidential burden relates to presenting evidence Signup and view all the answers

What is a characteristic of a reverse burden of proof?

It can require the defendant to prove something contrary to the presumption of innocence Signup and view all the answers

In which scenario does the prosecution not need to prove intent to use an offensive weapon?

For any type of weapon carried in a public place Signup and view all the answers

What must the prosecution establish in relation to an article not made for causing injury?

That the accused intended to use it for injury to another person Signup and view all the answers

Under the Homicide Act 1957, who bears the burden of proof regarding a suicide pact?

The defendant must prove the existence of a suicide pact Signup and view all the answers

How can reverse onus provisions be challenged under human rights law?

By arguing against article 6(2) of the ECHR stating the right to a fair trial Signup and view all the answers

What aspect must a defence prove to invoke a plea of insanity?

That the accused lacked control over their actions due to mental illness Signup and view all the answers

What is the primary responsibility of the defence in cases where self-defence is claimed?

To provide sufficient evidence of self-defence to satisfy the jury Signup and view all the answers

In a situation where self-defence is claimed, what must the prosecution do once sufficient evidence is presented?

Prove that self-defence is unreasonable beyond a reasonable doubt Signup and view all the answers

Which of the following best describes the evidential burden in legal cases involving self-defence?

It lies with the defence once the issue is raised Signup and view all the answers

What constitutes a 'live issue' regarding the defence of duress?

Any evidence or testimony presented that suggests compulsion was involved Signup and view all the answers

What is the implication of the court's ruling regarding the intertwining of self-defence and accident?

Both defences should be considered valid and presented to the jury Signup and view all the answers

How does the evidential burden differ from the legal burden in a trial?

The evidential burden is permanent, while the legal burden can shift Signup and view all the answers

In which situation is the prosecution NOT required to disprove a self-defence claim beforehand?

Before any evidence of self-defence is raised Signup and view all the answers

What is the standard of proof required from the Crown when the issue of duress is established?

To entirely eliminate any reasonable doubt regarding duress Signup and view all the answers

Study Notes

General Rule on Burden of Proof

Prosecution holds both legal and evidential burden to establish accused's guilt across all offensive elements.
Defence bears legal burden for certain issues like insanity, and also assumes the evidential burden for those issues.
In exceptional cases, judges can independently raise the insanity issue for jury consideration.

Evidential Burden on Defence

Defence must present sufficient evidence for a jury to consider its argument.
Evidence can be presented by the defence or elicited from prosecution witnesses.
If no evidence exists to support the defence, the judge may exclude it from jury consideration.

Self Defence

Accused must only discharge evidential burden concerning self-defence, not legal burden.
Standard of proof is based on the balance of probabilities, not beyond a reasonable doubt.
Swift J's misdirection emphasized that guilt is not presumed, and the accused only needs to raise reasonable doubt.

Insanity as a Defence

If insanity is raised, the accused must prove it on a balance of probabilities.
In murder cases involving insanity or diminished responsibility, both parties may present evidence on these defenses.
The prosecution must prove contrary claims beyond reasonable doubt.

Statutory Exceptions

Statutes can impose specific legal burdens on the accused while preserving the prosecution's overall legal burden.
In murder charges, the defence has to show evidence for not being liable under the specified law.
Statutory guidelines maintain that defence does not diminish prosecution's obligations.

Human Rights Considerations

Reverse onus provisions can face challenges under ECHR Article 6(2), which ensures presumption of innocence.
Misleading jury directions about the burden of proof can lead to appeals.

Specific Defences

Diminished Responsibility: Defence must prove this on a balance of probabilities, and judges should guide jury consideration depending on evidence availability.
Possession of Offensive Weapon: Prosecution must show intent to cause harm, but if possession is proven, the accused must prove lawful authority or excuse.
Homicide Act 1957, s. 4(2): Defence bears burden to prove acting under a suicide pact.
Duress: If the accused raises duress, it becomes a required consideration for jurors, placing burden on the Crown to disprove it convincingly.

Interaction of Defences

Evidence of self-defence can coexist with an alibi.
The judge determines if enough evidence exists to create a prima facie case for the jury's consideration of possible defences, including self-defence and accident.
Trials involving multiple defenses require careful judicial approach to keep them distinct but relevant to jury deliberations.

Conclusion

The prosecution holds the integral burden of proof in criminal trials while certain defenses can shift evidential responsibilities depending on circumstances. Understanding these dynamics is crucial for fair judicial outcomes.

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Description

This quiz explores the legal principles surrounding the burden of proof, focusing on both prosecution and defense responsibilities. It covers key concepts such as evidential burden, self-defense, and insanity. Test your understanding of how these elements influence legal proceedings.