New Hampshire Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
The burden is upon the State to prove beyond a reasonable doubt that the Defendant is guilty of the crime(s) charged. It is a strict and heavy burden. The evidence must overcome any reasonable doubt concerning the Defendant's guilt. But it does not mean that a Defendant's guilt must be proved beyond all possible doubt.
The prosecution has the burden to prove its case beyond a reasonable doubt. This means that the evidence must be so compelling that no reasonable doubt exists as to the defendant's guilt.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
The difference is this: to act knowingly is to act with knowledge of what one is doing, that is, to act with the intent to do the act that is proscribed by the law. To act willfully requires that the defendant act with knowledge of what the law proscribes and to act in violation of the law, knowing that he is doing so.
In criminal law the burden of proof lies completely with the Crown. There is no doubt that it is a heavy and onerous burden and completely favours the accused. The Crown has to prove beyond a reasonable doubt that the accused has committed a crime.
Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.