What is the burden of proof in a criminal court case?
In a criminal court case in Nebraska, the burden of proof rests with the prosecution, which is the party bringing the charges. This means that the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is a much higher standard than in civil court cases, which require only that the majority of evidence be in favor of one side. The prosecution must demonstrate that there is no reasonable doubt that the defendant committed the crime. In order to do this, the prosecution must present evidence to the court that shows that the defendant acted in a way that would make them guilty of the crime. This evidence might include testimonies from witnesses, records, or other tangible evidence that connects the defendant to the crime. The defense attorney will also present evidence that shows the defendant’s innocence as part of the trial process. Ultimately, it is up to the jury to decide whether the prosecution has shown that the defendant is guilty beyond a reasonable doubt.
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