Illinois Burden of Proof - Physical Evidence Not Produced

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Sample Jury Instruction - This sample jury instruction directs the jury that the burden of proof is on the state to prove the Defendant's guilt.

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FAQ

Rule 803(3) permits admissibility of declarations of intent to do an act as evidence to establish intent and as evidence to prove the doing of the intended act regardless of the availability of the declarant and without the court finding a reasonable probability that the statement is truthful.

The Illinois Rules of Evidence in Rule 803(6), records of regularly conducted activity (i.e., business records), and in Rule 803(8), public records and reports, while retaining the exclusions described above, removes the difference between civil and criminal business and public records in favor of the traditional and ...

In Illinois, the Proof Beyond a Reasonable Doubt standard has been embodied in our Criminal Code, under Chapter 720, ILCS, Section 5/3-1, which provides that in all cases, a defendant is presumed innocent until proven guilty by proof beyond a reasonable doubt.

The "Best Evidence Rule" refers to the requirement that where some form of documentary evidence (including recordings and photographs) is sought to be admitted, the original evidence should be admitted.

806. When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), (E), or (F), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness.

HEARSAY WITHIN HEARSAY (FRE 803(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.)

All relevant evidence is admissible, except as otherwise provided by law. Evidence which is not relevant is not admissible.

5.01 Failure To Produce Evidence or A Witness 2. The [evidence] [witness] was not equally available to an adverse party. 3. A reasonably prudent person under the same or similar circumstances would have [offered the evidence] [produced the witness] if he believed [it to be] [the testimony would be] favorable to him.

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Illinois Burden of Proof - Physical Evidence Not Produced