Hawaii Revised Statutes 701-114 – Proof beyond a reasonable doubt
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§701-114 Proof beyond a reasonable doubt. (1) Except as otherwise provided in § 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:
(a) Each element of the offense;
(b) The state of mind required to establish each element of the offense;
(c) Facts establishing jurisdiction;
(d) Facts establishing venue; and
(e) Facts establishing that the offense was committed within the time period specified in § 701-108.
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Terms Used In Hawaii Revised Statutes 701-114
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
(2) In the absence of the proof required by subsection (1), the innocence of the defendant is presumed.