Burden Of Proof In Criminal Cases

Burden of proof in civil trial cases

Burden of proof is on the one who declares, not on one who denies, this is the principle that one has to consider. Evidence contains facts of issues that really relevant and which is also admissible in the court, they are meant to support the case of parties or spoil the case which supposed to discharge party in his burden of proof, in civil cases it always based on the balance of probability, which the party have responsibility to establish before the court. Based on this, the court in civil will act on the preponderance of evidence, means that the party with genuine and clear evidence will wins the case. Example of this type of case is when there is a contract between two parties and plaintiff proved

Also Article 40:3 of the constitution of Ireland guarantees to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen.

The reason for prosecution is to punish the criminals that guilty, also to show presumption of innocent which is a legal right of the accused in a criminal trial and it is also regarded as human right according to the Article 6 of the European Convention of Human Rights ACT 2003, ‘’In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of

There are various types of offences but some are against the law, and also there are judiciary interpretation to each crime. The law specifically provides for the punishment of each consequence so that offence of someone who committed murder will not be the same with someone who committed assault, for an example in civil the consequences may be giving partial warning to who is at fault in dispute conflict or permanent injunction. In criminal aspect the requirement is that prosecution must proof beyond a reasonable doubt, and Article 6(2) of the European Convention on Human Rights, which provides: “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. If intention of the accused has be proved by court and the accused is guilty the consequence of the action may be punishment which to inflict some kind of loss on the offender and give formal public expression to the unacceptability of the behaviours to the community. Secondly the Incapacitation to restrain the offender so that he or she can have limit opportunities to commit further crime. Thirdly deterrence to impose a penalty to either deter the individual from