Tuesday, September 18, 2007

The Sufficiency of the Evidence -- What standard is used?

Those of you who followed the Scott Peterson trial know that Judge Deluchi made the statement that the conviction would withstand a direct appeal because the evidence was sufficient for a conviction.

Just what is the standard used?

In determining the sufficiency of the evidence, we determine whether, considering all the evidence in the light most favorable to the guilty verdict, a rational trier of fact could have found that the evidence established the elements of the offense beyond a reasonable doubt. All reasonable inferences and credibility determinations should also be made in the light most favorable to the verdict. Source

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