Delaware Jury Instruction - 6.2 Burden of Proof for Multiple Claims or if Both Plaintiff and Defendant or Third Parties Have Burden of Proof
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FAQ
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
Step-by-Step Instructions for Excusal from Jury Service Medical requests must be accompanied by a doctor's note that details your condition. Employment deferments must be accompanied by a letter from your supervisor. If you have moved out of state, you must submit a copy of your new driver's license for that state.
The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty. If even one juror disagrees with the outcome, there can be no final judgment in the case. When a finding is not unanimous, this is referred to as a hung jury.
In all criminal trials the Crown must prove each and every essential element beyond a reasonable doubt. The standard of "reasonable doubt" consists of a doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence. It is not based on "sympathy or prejudice."
The phrase "beyond a reasonable doubt" means that the evidence presented and the arguments put forward by the prosecution establish the defendant's guilt so clearly that they must be accepted as fact by any rational person.