>>9000629 (PB) Q Post
We gotta ask 'em Boss, for the ironclad cases we're building;
Classification of Evidence
Circumstantial evidence, however, is indirect evidence that tends to infer a conclusion. It does not tell or prove directly that the alleged or disputed fact exists or does not exist. But they form a chain that leads to a logical conclusion when putting together. Criminal cases based entirely on circumstantial evidence are therefore the hardest to prove beyond reasonable doubt the required standard of proof.
Circumstantial evidence requires the judge to draw generalizations from commonly held human nature assumptions. For example, in a murder case, evidence that a defendant lied to the police about his time and had a violent argument with the victim a few days before the killing would be relevant circumstantial evidence of the guilt of the accused. The inference is based on the common assumption that murderers are usually motivated to commit murder and are usually lying to cover their tracks.
Burden of Proof in criminal and civil proceedings
In criminal cases, the general rule is that the prosecution bears the burden of proving the guilt of the defendant and the substantive law defines what the prosecution has to prove to convict the defendant. This will usually include elements of the mens rea and actus real, for example, the prosecution must prove all the elements of the offense set out in the Criminal Code when pursuing a conviction for theft.
While the rules of civil proof do not incorporate the same principles enshrined in criminal proceedings (i.e., the accused in criminal proceedings is presumed innocent until proven guilty by the prosecution), the well-established general rule on the incidence of the legal burden of proof in civil proceedings is that” he who claims must prove.” The legal burden of proving a fact in a civil trial is, to put it simply, on the party that claims that fact. Hence, in civil cases, the plaintiff’s first burden of proof lies. This burden of proof, however, will shift to the defendant if the defendant denies the allegations and finds a positive default such as “counterclaim.” The burden of proof in such a case lies with the defendant.
https://blog.ipleaders.in/rule-of-evidence-in-criminal-and-civil-proceedings/