Wisconsin Burden of Proof - Physical Evidence Not Produced

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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

948.06 Incest with a child. Whoever does any of the following is guilty of a Class C felony: (1) Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.

946.41 Resisting or obstructing officer. (1) Except as provided in subs. (2m) and (2r), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor.

(7) ?Preponderance of the evidence" means information that would persuade a reasonable person that a proposition is more probably true than not. It is a lower standard of proof than ?clear and convincing evidence."

973.01 Bifurcated sentence of imprisonment and extended supervision. (1) BIFURCATED SENTENCE REQUIRED. Whenever a court sentences a person to imprisonment for a felony or a misdemeanor, the court shall impose a bifurcated sentence under this section.

946.46 Encouraging violation of probation, extended supervision or parole. Whoever intentionally aids or encourages a parolee, probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections or a county department under s.

Statutory Definition of the Crime Simulating legal process, as defined in § 946.68 of the Criminal Code of Wisconsin, is committed by one who sends or delivers to another person any document which simulates legal process.

General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.

The statute criminalizes all false statements knowingly made and with intent to mislead the police. The state should have sound reasons for believing that a defendant knowingly made false statements with intent to mislead the police and not out of a good-faith attempt to defend against accusations of a crime.

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Wisconsin Burden of Proof - Physical Evidence Not Produced