Law of Evidence Burden of Proof - Assignment Example

The burden of persuasion also focuses on the party that introduces a fact and aims at convincing the judge or jury to favors the party on the facts while the burden of proof relates to the truth despite the party that introduces it. Another significant distinction is the duty of a party. Burden of proof must be proved beyond reasonable doubt and establishes a basis for decisions on criminal charges, unlike burden of persuasion. Further, burden of persuasion relates to a limited scope of a proceeding, as it is an element of burden of proof (Ingram 47).

One of the bases for distinction between the roles of a judge and roles of a jury are on the actual activities that the two parties perform in a judicial process. The judge plays a technical role of determining admissibility evidence in a case and therefore influences bases for decisions in determination of cases. The jury however undertakes the role of listening to and evaluating admissible evidence and makes decisions on cases. The judge also determines evidence that can be used in a case while the jury establishes significance of admissible evidence and the extent to which a piece of evidence can be relied upon in determining a case.

Another difference between roles of a judge and roles of a jury is based on the foundations of the roles. While legal provisions influence roles of a judge, roles of a jury are based on presented facts before it. The roles of a judge in a criminal trial are also limited to legal issues while those of a jury are limited to issues of facts (Emanuel and Friedman 1). A judge also has a wider jurisdiction and can perform the roles of a jury, if a party to a case wave the right to a jury trial while the jury’s role is limited and cannot cover the roles of a judge in a trial.

Dependence of the jury on the judge for legal counsel informs the difference (Goldman and Sigismond 38). The burden of proof at a preliminary hearing is lower than the actual burden in a formal