The burden of proof

Discuss the issues prosecutors face if the police cannot find the crime victim. Imagine that the police and prosecutors are very sure that a crime has occurred and the victim has been disposed of, but they can’t find the victim.

What problems does that cause with regard to the burden of proof?

" Be specific and support your answer".

Full Answer Section T he problems that this causes with regard to the burden of proof are that:
  • The prosecution may have a harder time proving the defendant's guilt beyond a reasonable doubt. This is because the prosecution will have less evidence to present to the jury, and the defendant's testimony may be the only evidence against them.
  • The defendant may be more likely to be acquitted. This is because the jury may have reasonable doubt about the defendant's guilt if they cannot hear from the victim.
In the case where the police and prosecutors are very sure that a crime has occurred and the victim has been disposed of, but they cannot find the victim, they may still be able to prosecute the defendant. However, the case will be more difficult to win, and the defendant may be more likely to be acquitted. Here are some additional things that prosecutors can do in this situation:
  • Investigate the crime thoroughly. This includes interviewing witnesses, searching for physical evidence, and following up on leads.
  • Present the strongest possible case to the jury. This includes presenting all of the evidence that is available, even if it is circumstantial.
  • Argue the case effectively. The prosecutor should explain to the jury why they believe that the defendant is guilty, even if the victim cannot be found.
It is important to note that every case is different, and the outcome of a case will depend on the specific facts and circumstances. However, the issues discussed above are some of the challenges that prosecutors face when the police cannot find the crime victim.
Sample Answer Sure. Here are the issues prosecutors face if the police cannot find the crime victim:
  • Lack of evidence: Without the victim's testimony, the prosecutor may have limited evidence to present in court, which can weaken the case.
  • Witness credibility: If the only witnesses to the crime are the defendant and the victim, and the victim cannot be found, then the prosecutor's case may rely on the defendant's testimony. This can be a difficult case to win, as the defendant's testimony is often the only evidence against them.
  • Burden of proof: The burden of proof in a criminal case is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. If the victim cannot be found, then it may be difficult for the prosecution to meet this burden.