What is the burden of proving a claim of overwhelming majority in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S.A. v. Williams, 247 F.3d 353 (2nd Cir. 2000):
7. The government bears the burden of proving, by a preponderance of the evidence, facts relevant to sentencing. See, e.g., United States v. Desimone, 119 F.3d 217, 228 (2d Cir. 1997).
7. The government bears the burden of proving, by a preponderance of the evidence, facts relevant to sentencing. See, e.g., United States v. Desimone, 119 F.3d 217, 228 (2d Cir. 1997).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving criminal propensity in a criminal case? ("New York", United States of America)
What is the burden of proving a claim against a defendant in a civil case? (MultiRegion, United States of America)
What is the burden of proving criminal intent against defendants in a civil case? (MultiRegion, United States of America)
What is the burden of proving that a claim is a claim that is not a fact? (MultiRegion, United States of America)
What is the burden of proving a jury's failure to give the challenged instruction in a criminal case? (MultiRegion, United States of America)
What is the burden of burden on the Court of Appeal for failing to provide the correct instruction in a criminal case? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the burden of proving innocence in a criminal case? (MultiRegion, United States of America)
