StudentShare solutions
Triangle menu
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Evidence, Proof and argument - Essay Example

Nobody downloaded yet
As the jury, it is your duty to decide fairly, dispassionately and impartially based on the evidence presented by the prosecution4 since the burden of proving the guilt of defendant Duncan lies with the prosecution5 and owing to this stringent requirement, its case must stand and fall on its own merits. The prosecution cannot assert that the evidence for the defence is weak. Any claim therefore by the prosecution that this defendant has not established a valid defence should not be entertained. I would like to emphasize that the duty to prove the guilt of this defendant is the sole responsibility of the prosecution6. This defendant need not do anything since the law presumes his innocence until proven otherwise. However, Members of the jury, I would likewise caution you that the proof required of the prosecution is not absolute certainty that this defendant has committed the grievous act he is accused of. The prosecution is simply required to prove beyond a reasonable doubt(fn-case) that this defendant is guilty. Judgment beyond a reasonable doubt simply requires moral certainty that this defendant committed the offence charged. ...
With that as a backdrop, let us proceed with the task at hand. This defendant is indicted for the murder of Simon Chapman by allegedly plunging the knife into the victim’s heart with intent to hurt and cause him serious harm. The death of Simon Chapman allegedly resulted from the acts of this defendant who was then 15 years old. Allow me, Members of the Jury to walk you through the undisputed facts—the decedent, Simon Chapman and his friend Christopher Jones (Jones) were sitting in a coach aboard a train late at night when two boys, defendant Duncan Moore and David Parker (David) were smoking and running about the train passing from one carriage to another. Christopher Jones chided the boys for smoking and to which they replied to “fuck off”. At this point, David—the younger of the two—decided to pester Jones by grabbing his briefcase. A commotion ensued where Jones pushed David who retaliated with a punch landing on the Jones’ face. As Jones was about to hit David again, Duncan intervened. The ruckus is now between Jones and Duncan. They were throwing punches at each other when decedent Chapman arose from his sleep and seeing that Jones was being hit by Duncan, he, in turn, struck Duncan with his umbrella. Duncan fell on his back and decedent Chapman straddled him, the two went on throwing punches against each other when the fracas stopped. Decedent Chapman was stabbed with the use of a kitchen knife. Thereafter, two boys alighted on the next train stop. Based on this undisputed facts, you shall decide if this defendant stabbed the victim or is there a probability that somebody else on that train who could be the culprit. Before we move on to the evidence presented by either side, it is important that I discuss the ...Show more
Cite this document
  • APA
  • MLA
(“Evidence, Proof and argument Essay Example | Topics and Well Written Essays - 3250 words”, n.d.)
Retrieved from
(Evidence, Proof and Argument Essay Example | Topics and Well Written Essays - 3250 Words)
“Evidence, Proof and Argument Essay Example | Topics and Well Written Essays - 3250 Words”, n.d.
  • Cited: 0 times


JUDGE’S SUMMATION: REGINA v. DUNCAN MOORE Members of the jury, before you shall retire to discuss the fate of defendant, Duncan Moore, allow me to remind you of your duties as juries which I have stated at the beginning of the trial. You were prohibited from discussing this case so as not to prejudge the guilt or innocence of this defendant1…
Author : osinskidallin
Evidence, Proof and argument
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Evidence, Proof and argument"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Law of Evidence for Forensic Scientists
This research aims to evaluate and present an analysis of the burden of proof in relation to the plaintiff, prosecutor and defendant; examination of court procedures and the standard of evidence that must be presented; the suitability of the use of forensic science to be submitted as evidence in legal cases and the role of current European Human Rights rules in the determination of the burden of proof.
17 pages (4250 words) Essay
The claims are strongly supported by warrants, grounds and backings. The warrants, ground, backings of the formal article’s discrimination discussion firmly supports the claims. Thesis Statement The article’s thesis is: The article’s discrimination discussion’s claims, warrants, grounds and formal language have both strengths and weaknesses.
4 pages (1000 words) Essay
Evidence Burden
He also has to prove that he is not acting in self defence, under duress and under provocation, or 'in a state of non-insane automatism. Legal burden on prosecution could make it almost impossible to negate the claim of defence, and in most of the cases placing legal burden on prosecution might not be unfair.
10 pages (2500 words) Essay
Fallacy Burden of Proof
Concept of ad ignorantiam is also explained with its reference to the burden of proof. Edgerton (2009) elucidates that fallacy, an inaccuracy in interpretation is frequently an erroneous inference that emerges conceivable and corresponds to a mistaken or unreasonable inference.
4 pages (1000 words) Essay
Law of Evidence
r statement which is inconsistent with his testimony in Court, “proof may be given that he did indeed make it” and the Prosecution could use this argument to justify admitting his oral statements to Duane as evidence1. In this case, the testimony of WPC Kite is going to be
6 pages (1500 words) Essay
Anselm's ontological argument
It should be noted that rational proofs for God’s existence are not new; the advent of St. Anselm marked a significant point in the history of both philosophy and theology, precisely because it signaled a rational examination and consequent proof of the existence
4 pages (1000 words) Essay
St. Anselm / St. Aquinas - ontological/cosmotological argument
Anselm’s proof is notable since this is the only argument that claims to establish the existence of God based exclusively on human reason not considering any
3 pages (750 words) Essay
Is David Hume's argument against William Paley here a strong one
This argument against Paley cannot be considered a strong argument because of several factors, the first factor being that other designers like Edison came up with new ideas. According to Hume’s argument, there was no possibility that an individual
2 pages (500 words) Essay
Criminal Evidence
In order to provide substantial evidence, the prosecutor and the attorney has invited a witness (Mr. Mickie) to provide testimony concerning the above allegations. A variety of issues emerge from this case, to begin with, Miss Maggie argues that
4 pages (1000 words) Essay
Argument sketching
the first cause argument, the ontological argument, the moral and lastly the argument from design. Each of these tends to support a given conception of God. For instance the first cause argument argues for the existence of an external
2 pages (500 words) Essay
Comments (0)
Click to create a comment
Let us find you another Essay on topic Evidence, Proof and argument for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us