TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P29

Gale Encyclopedia of American Law Volume 8 P29 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 268 REASONABLE FORCE defendant s liberty or in the defendant s death outcomes far more severe than occur in civil trials where money damages are the common remedy. Reasonable doubt is required in criminal proceedings under the due process clause of the fifth amendment to the . Constitution. In In re Winship 397 . 358 90 S. Ct. 1068 25 L. Ed. 2d 368 1970 the . supreme court ruled that the highest standard of proof is grounded on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free. The reasonable doubt standard is not used in every stage of a criminal prosecution. The prosecution and defense need not prove beyond a reasonable doubt that every piece of evidence offered into trial is authentic and relevant. If a prosecutor or defendant objects to a piece of evidence the objecting party must come forward with evidence showing that the disputed evidence should be excluded from trial. Then the trial judge decides to admit or exclude it based on a preponderance of the evidence presented. A similar procedure employing a preponderance standard is used when a party challenges a variety of evidence such as coerced confessions illegally seized evidence and statements extracted without the furnishing of the so-called Miranda warning. The reasonable doubt standard is inapplicable to still other phases of a criminal prosecution. Lower standards of proof are permissible in parole revocation proceedings proceedings to revoke probation and prison inmate disciplinary proceedings. In jury trials a panel of 12 jurors must reach a unanimous verdict concerning whether the prosecutor has proven the defendant s guilt beyond a reasonable doubt. In the event that the jury is unable to reach a unanimous verdict the panel is said to be hung. Although the case is dismissed against the defendant in response to a hung jury the prosecutor has the discretion to bring the case against the defendant again. The .

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