The Michigan Burden of Proof — Physical Evidence Not Produced is a concept within the legal system that refers to the burden on the prosecution or plaintiff to prove their case even in the absence of physical evidence. In criminal and civil cases, physical evidence such as documents, objects, or forensic evidence often play a significant role in supporting the claims made by either party. However, there are situations where physical evidence might not be available or produced, and the burden of proof still rests on the party making the claim. In Michigan, like in many other jurisdictions, there are different types of burdens of proof that parties must fulfill to establish their case. These include: 1. Beyond a Reasonable Doubt: In criminal cases, the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. Even if physical evidence is unavailable or not produced, the prosecution must present enough convincing evidence that leaves no room for a reasonable doubt in the minds of the jury or judge. 2. Preponderance of the Evidence: In civil cases, the burden of proof usually falls on the plaintiff, who must demonstrate their case by a preponderance of the evidence. This means that the plaintiff's version of events or claims are more likely than not to be true. Again, the unavailability or absence of physical evidence does not relieve the plaintiff from meeting this burden. 3. Clear and Convincing Evidence: There are certain cases in Michigan where a higher burden of proof, known as "clear and convincing evidence," is required. This standard lies between the preponderance of the evidence and beyond a reasonable doubt. It demands that the evidence presented be highly and substantially more likely to be true than not, even if physical evidence is lacking. It is important to note that the absence or non-production of physical evidence can undoubtedly impact the strength of a case. However, the Michigan legal system recognizes that direct physical evidence is not always available. Therefore, the law acknowledges that a party can still meet their burden of proof through other means, such as witness testimony, expert opinions, circumstantial evidence, or even documentary evidence if physical objects are not attainable. In summary, the Michigan Burden of Proof — Physical Evidence Not Produced refers to the responsibility of the prosecution or plaintiff to prove their case, even in the absence of physical evidence. The burden of proof varies depending on the type of case and can include beyond a reasonable doubt, preponderance of the evidence, or clear and convincing evidence. The legal system acknowledges that the unavailability of physical evidence does not relieve parties from meeting their burden, as they can still present alternative forms of evidence to support their claims.
Michigan Burden of Proof - Physical Evidence Not Produced
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Under MRE 703 If of a type reasonably relied upon by experts in the particular field in forming opinions or in- ferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.
(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into reports of relevant specific instances of conduct.
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. Amended September 20, 2023, effective 1/1/2024.
Rule 402 - Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible [Effective until January 1, 2024], Mich. R. Evid.
R. Evid. 704. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
705. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
An expert witness shall not be appointed by the court unless the witness consents to act. A witness so appointed shall be informed of the witness' duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate.
For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted or (2) involved dishonesty or false statement regardless of the ...
