Former Supreme Court Justice Anthony M. Kennedy acknowledged in 2012 — when writing an opinion to establish the right to competent counsel for defendants negotiating a plea — that plea bargaining "is ...

Justice Nels Peterson said that while the U.S. Supreme Court’s decisions did not address a burden of proof, such as beyond a reasonable doubt, “they certainly undermined the analytical heft ...

Integrated Justice: The Burden of Proof. In the first of a three-part series on integrated justice, Government Technology examines why technology has failed to integrate our judicial institutions.

In a criminal trial the burden of proof must be “beyond a reasonable doubt,” which is much higher than the burden of proof in a civil trial. The defense attorney described it as a football field: ...

In New York, the burden of proof is on the court to assure that the award of the constitutional requirement of just compensation is attained. As U.S. Supreme Court Justice Felix Frankfurter wrote ...

The U.S. Supreme Court next term will consider the evidentiary burden of corporate whistleblowers under the Sarbanes-Oxley Act, as the justices on Monday agreed to hear the appeal of a former UBS ...

The Ohio legislature passed a law that shifted the burden of proof to the prosecution when self-defense is claimed by a criminal defendant. It went into effect March 28, 2019.