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The Burden Of Proof

Burden of proof is defined as “the level of proof which different parties are required to demonstrate to persuade a jury or judge in a civil or criminal case.” The words “burden of proof” are not specifically mentioned within the U.S. Constitution however is implied in a several amendments. The burden of proof and where it lies has been the subject of many court cases and decisions. There are plenty of questions in the area of burden such as; where does it lie in civil suits, in what cases is the prosecutor bear more of the burden and where does the defendant, and so on. Many of the research provided here is from court cases and decisions that have shaped how the burden of proof is balanced. The constitution is used to shape the decisions that were reached by these court cases.

In the Fourth amendment Americans are guaranteed to “… be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” (U.S. Constitution). There are a number of court cases that outline the requirements for searches without a warrant. Searches without a warrant require the owner or occupant’s permission and the law is specific in where the burden lies in situations where consent is granted to search. “Government has burden of proving that search without warrant was consented to by the defendant” (Kovach v U.S., 1971). In another case the question was raised as to whether the prosecutor must also prove that the search was consented to freely and voluntarily by the property owner. “When search is grounded upon consent burden of justification of search, that is, that consent was freely and voluntarily given, falls squarely upon prosecution; question is one of mental awareness so that act of consent was consensual act of one who knew what he was doing and had r

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