Hawaii Revised Statutes 701-116 – Proving applicability of the Code

When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:

(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 701-116

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) The fact must be proved by a preponderance of the evidence.

Chapter 701 Contents

LawServer

Hawaii Revised Statutes 701-116 – Proving applicability of the Code

Terms Used In Hawaii Revised Statutes 701-116

941 Law Help