Georgia Burden of Proof - Physical Evidence Not Produced

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Multi-State
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US-00876
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Description

Sample Jury Instruction - This sample jury instruction directs the jury that the burden of proof is on the state to prove the Defendant's guilt.

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FAQ

498, 189 S.E. 13 (1936) (decided under former Code 1933, § 38-501). Parol evidence rule is matter of substantive law and no amount of oral testimony contradicting the legal consequence of a written instrument can avail to destroy or weaken that legal consequence.

Likewise, Code Section 24-4-414 provides that in cases where a defendant is accused of child molestation, evidence of other child molestation allegations may be introduced for a similar purpose. These rules really open up the evidence at trial to anyone who comes forward with an allegation against the defendant.

Both direct and circumstantial evidence is legitimate proof that someone committed a crime. In fact, they are common in all state and federal criminal courts. It is a fact that somebody could be convicted of a crime based only on circumstantial proof.

As used in this chapter, the term "relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. (Code 1981, §24-4-401, enacted by Ga. L.

Relevant Evidence: Only relevant evidence is admissible. Relevant evidence is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 24-4-401.

Evidence regarding the character of a defendant is generally inadmissible unless the defendant puts defendant's character in issue, and evidence of independent offenses committed by a defendant is generally inadmissible due to the inherently prejudicial nature and minimal probative value of the evidence.

On Whom Burden of Proof Lies. The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential.

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Georgia Burden of Proof - Physical Evidence Not Produced