Burden of Proof and Evidence in Criminal Cases

Burden of Proof in Criminal Cases

  • Burden of Proof defined by Articles 117 to 129 of Qanun-e-Shahadat (1984 Order).
    • Article 117: General definition.
    • Article 118: Identifies who carries the burden of proof.
    • Article 119: Relates to specific facts.
    • Article 120: Covers admissibility of evidence.
    • Article 121-124: Specific cases on proving certain facts such as death or presence.
    • Article 125-129: Relationships, ownership, good faith, and conclusions about legitimacy.

Concept of Evidence

  • Definition: Evidence is a means of determining or discovering the truth of an allegation or event (Ref: Art. 2(1)(c) of QS).
  • Types: Includes witness testimony, objects (documents, pictures, fingerprints, etc.).
  • Perception: Judges must perceive evidence through their senses (sight, hearing, touch, smell, taste).

Facts in Issue

  • Criminal Cases: Issues that the prosecution must prove to establish guilt; defenses must disprove affirmative defenses.
  • Civil Cases: Issues the plaintiff must prove to support their claim and disprove defendant counterclaims.

Onus Probandi

  • Latin Maxim: "Semper necessitas probandi inumbit ei qui agit" — The necessity of proof lies with the person who lays charges.

Burden of Proof Defined

  • Definition: Duty of a party to establish the truth of its claim or defense through the required amount of evidence.

Types of Burden

  1. Burden of Production:
    • Obligation to present evidence required to prove a case (evidentiary burden).
    • Evidence not formally produced will not be considered, except in specific situations (summary procedures, judicially noticed documents, etc).
  2. Burden of Persuasion:
    • A party's obligation to present evidence that convinces the judge to a requisite degree of belief.
    • Civil Cases: Preponderance of the evidence; Criminal Cases: Beyond a reasonable doubt.

Legal Standards for Burden of Proof

  1. Reasonable Suspicion (initial conflict).
  2. Probable Cause (for arrest).
  3. Credible Evidence (to charge).
  4. Substantial Evidence (for administrative action).

Judicial Standard for Burden of Proof

  • Balance of Probability: Used in civil cases; party must tip evidence in their favor.
  • Beyond Reasonable Doubt: Criminal cases, prosecution proves guilt beyond any reasonable doubt.

Scales of Justice Metaphor

  • Lady Justice depicted as blindfolded, representing unbiased scrutiny.
  • Her scales symbolize weighing evidence to determine the outcome of the trial.

Case Studies

  • Case Study 1: Identifies reasonable doubt when a witness gives uncertain details affecting the accused's presence at the crime scene.
  • Case Study 2: The defense claims an alibi based on an unusual event (abduction by aliens), raising questions about plausibility.

Woolmington Principle

  • Legal burden to prove (and disprove) all facts in criminal proceedings lies with the prosecution, establishing a presumption of innocence for the accused.

Presumptions Explained

  • Presumption: Inference of a fact based on its connection with another known fact, requiring the burden of evidence to meet.
  • Conclusive Presumptions: Rules that cannot be contradicted by evidence.
  • Basic Fact Presumptions: Allow prosecution to infer intent based on established facts.

Implications of Basic Fact Presumptions

  • Cause challenges for the accused; they bear the burden of rebutting presumptions based on evidence of intent or motive.
  • Concerns about fairness and the presumption of innocence.
  • Types include permissive and mandatory basic fact presumptions, distinguishing between those that require the trier of fact to find certain facts if basic facts are proven.