Maryland Burden of Proof - Physical Evidence Not Produced
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How to fill out Burden Of Proof - Physical Evidence Not Produced?
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FAQ
The prosecution had withheld a written statement by Boblit (the men were tried separately), confessing that he had committed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only on the question of punishment.
The burden of proof is used in criminal law to describe the standard that is used to determine whether or not a criminal charge is appropriate. The prosecution must meet this standard beyond a reasonable doubt, otherwise, the criminal charges are not justified.
What is spoliation of evidence? Spoliation of evidence is the intentional or negligent alteration, hiding, withholding or destruction of pieces of evidence relevant to a trial by a party connected to the case.
The Maryland Model Jury Instructions, include instruction regarding ?spoliation? of evidence: The destruction of or the failure to preserve evidence by a party may give rise to an inference unfavorable to that party.
The intentional destruction of evidence is considered spoliation of evidence. For example, if evidence was destroyed by the expert witness examining evidence. Another example of spoliation of evidence is an attorney for the defendant losing the evidence on the way to court from his or her expert's examination.
The burden of proof in civil cases is ?by a preponderance of the evidence,? which means that the plaintiff must convince the jury that it is more likely than not that the facts are what he or she is stating.
Ingly, under Maryland law, the destruction or alteration of evidence by a party gives rise to inferences or presumptions unfavorable to the spoliator. Unexplained and intentional destruction of evidence by a litigant gives rise to an inference that the evidence would have been unfavorable to his cause.
?Spoliation? of evidence occurs when someone with an obligation to preserve evidence with regard to a legal claim neglects to do so or intentionally fails to do so. Such a failure to preserve evidence can take place by destruction of the evidence, damage to the evidence, or losing the evidence.
