Pennsylvania Burden of Proof - Physical Evidence Not Produced
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FAQ
Impeachment by Evidence of a Criminal Conviction. (a) In General. For the purpose of attacking the credibility of any witness, evidence that the witness has been convicted of a crime, whether by verdict or by plea of guilty or nolo contendere, must be admitted if it involved dishonesty or false statement.
Physical evidence helps the examiner or investigator to recreate the crime scene and infer the sequence of events that might have taken place. Physical evidence, being objective in nature, can be used as a solid and reliable fact to prove or disprove statements from the individuals involved.
Understanding Reasonable Doubt Under U.S. law, a defendant is considered innocent until proven guilty. Reasonable doubt stems from insufficient evidence. If it cannot be proved without a doubt that the defendant is guilty, that person should not be convicted.
The prosecution has the burden of proving a defendant's guilt beyond a reasonable doubt; and, as we said above, this does not require absolute certainty.
Rule 607 - Challenges to the Weight of the Evidence (A) A claim that the verdict was against the weight of the evidence shall be raised with the trial judge in a motion for a new trial: (1) orally, on the record, at any time before sentencing; (2) by written motion at any time before sentencing; or (3) in a post- ...
They want to see concrete evidence. In legal terms, this is known as demonstrative evidence types. If you don't have evidence, you're on borrowed time before the case is dismissed.
In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence.
Not-Guilty Verdict In the unlikely event that a case goes to trial with minimal evidence, a jury will make the decision on guilt. A jury could return a final judgment of not guilty if they believe there is insufficient evidence to prove beyond a reasonable doubt that you committed the offense in question.
