1. The Burden Of Proof
... his actions; this is essentially a question of fact for the trial court" (U.S. v Elrod, 1971). The prosecution must also bear the burden of proof in cases where the defendant has challenged whether they actually gave consent to search or not. "On defendant's motion to suppress evidence obtained by alleged illegal ... thereof as evidence against him" (State [Iowa] v Jump, 1978). The quotes above have in recent years shaped the way that the burden of proof is distributed in self-incrimination issues. To sum up all of the quotations first, it is not necessary for the prosecution to have docu...
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