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The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable doubt that the defendant is guilty. The Crown has the burden of proof.
The burden of proof in all criminal cases is ?beyond a reasonable doubt;? that is, the evidence must be so completely convincing toward the guilt of the defendant that there is no reasonable doubt of the defendant's guilt. The district courts do not conduct jury trials; all cases are heard by a judge.
A hung jury is when the members of a jury are unable to reach a unanimous decision on whether or not the accused party is guilty beyond reasonable doubt. This occurs when there are opposing opinions among the jurors regarding the outcome of the case.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
In order to convict the defendant, these elements of a crime must then be proven in a court of law beyond a reasonable doubt. Most crimes require that three essential elements be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements.
Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.
In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.