Michigan Burden of Proof - Physical Evidence Not Produced

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Multi-State
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US-00876
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Description

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

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 ...

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Michigan Burden of Proof - Physical Evidence Not Produced