Case Law (Burden Of Proof)

Front 1

State v. Monarch

Back 1

In a criminal case, the burden of proof is on the State and never shifts to the defendant. The burden of proof in a criminal case is beyond a reasonable doubt with respect to each and every element of the offense(s) alleged.

Front 2

State v. Sarobe

Back 2

Per State v. Monarch, the State’s burden of proving its case beyond a reasonable doubt applies to each and every element of the crime charged. This
burden, however, does not operate on the many subordinate, evidentiary, or incidental facts as distinguished from proof of the elements of the crime or of an ultimate fact. Where, however, the State relies in whole or in part on circumstantial evidence to prove an element of a crime, although each link in the chain of evidence to support it need not be proven beyond a reasonable doubt, the cumulative impact of that evidence must, in order to support that inference, convince the finder of fact beyond a reasonable doubt that the element has been proven.

Front 3

Richey v. Bartlett

Back 3

In all trials, fact finders may rely on both direct and circumstantial evidence. Direct evidence is testimony by a witness about what that witness personally did, saw, or heard. Circumstantial evidence is indirect evidence from which the
fact finder may infer that another fact is true. Neither type of evidence should be given categorically more weight than the other.

Front 4

State v. Tamase

Back 4

It is up to the fact finder to determine the credibility of each witness’s testimony. A fact finder, whether jury or judge, may choose to credit all, some,
or none of a witness’s testimony. At all times the fact finder may consider the witness’s interest in the outcome of the case.

Front 5

State v. Lowe

Back 5

A criminal defendant’s decision to exercise the constitutionally protected right not to testify in his or her own defense may not be commented upon by the State either explicitly or implicitly. However, if the defendant does choose to testify, his or her credibility is to be judged like that of any other witness.