Evidence, Proof and argument Essay Example | Topics and Well Written Essays - 3250 words

Evidence, Proof and argument - Essay Example As the jury, it is your duty to decide fairly, dispassionately and impartially based on the evidence presented by the prosecution4 since the burden of proving the guilt of defendant Duncan lies with the prosecution5 and owing to this stringent requirement, its case must stand and fall on its own merits. The prosecution cannot assert that the evidence for the defence is weak. Any claim therefore by the prosecution that this defendant has not established a valid defence should not be entertained. I would like to emphasize that the duty to prove the guilt of this defendant is the sole responsibility of the prosecution6. This defendant need not do anything since the law presumes his innocence until proven otherwise. However, Members of the jury, I would likewise caution you that the proof required of the prosecution is not absolute certainty that this defendant has committed the grievous act he is accused of. The prosecution is simply required to prove beyond a reasonable doubt(fn-case) that this defendant is guilty. Judgment beyond a reasonable doubt simply requires moral certainty that this defendant committed the offence charged. ... With that as a backdrop, let us proceed with the task at hand. This defendant is indicted for the murder of Simon Chapman by allegedly plunging the knife into the victim’s heart with intent to hurt and cause him serious harm. The death of Simon Chapman allegedly resulted from the acts of this defendant who was then 15 years old. Allow me, Members of the Jury to walk you through the undisputed facts—the decedent, Simon Chapman and his friend Christopher Jones (Jones) were sitting in a coach aboard a train late at night when two boys, defendant Duncan Moore and David Parker (David) were smoking and running about the train passing from one carriage to another. Christopher Jones chided the boys for smoking and to which they replied to â€Å"fuck off†. At this point, David—the younger of the two—decided to pester Jones by grabbing his briefcase. A commotion ensued where Jones pushed David who retaliated with a punch landing on the Jones’ face. As Jones was about to hit David again, Duncan intervened. The ruckus is now between Jones and Duncan. They were throwing punches at each other when decedent Chapman arose from his sleep and seeing that Jones was being hit by Duncan, he, in turn, struck Duncan with his umbrella. Duncan fell on his back and decedent Chapman straddled him, the two went on throwing punches against each other when the fracas stopped. Decedent Chapman was stabbed with the use of a kitchen knife. Thereafter, two boys alighted on the next train stop. Based on this undisputed facts, you shall decide if this defendant stabbed the victim or is there a probability that somebody else on that train who could be the culprit. Before we move on to the evidence presented by either side, it is important that I discuss the