South Dakota Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
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.
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.
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.
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.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
Beyond a reasonable doubt: In a criminal case, the accused's guilt must be established "beyond a reasonable doubt." Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true.