How is the burden of proof established in student defense cases?
In student defense cases in Massachusetts, the burden of proof must be established by the defendant in order to prove their innocence. This burden of proof is known as the "preponderance of evidence." This means that the defendant must show that it is more likely than not that the incident did not occur or was not committed by them. The burden of proof must be met by a preponderance of evidence, which is evidence that when weighed together more strongly suggests that the defendant is not responsible for the incident than if the evidence is against them. The burden of proof is an important concept because it serves as a guideline for determining who is responsible for a certain incident. It is the responsibility of the defendant to provide evidence that disproves the allegations against them. The burden of proof for a student defense case is on the defendant, which means that it is their responsibility to provide convincing evidence that suggests that they are not responsible for an incident. This burden of proof must be met by the preponderance of evidence, which means that the evidence must strongly suggest that the defendant is innocent. If the defendant fails to meet the burden of proof, then they can be found liable for the incident and must face the consequences.
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