point and the tipping point for the respondent,
and by the addition of 1% it
determines the minimum winning point for the responder:
(1)
Maximum Losing Point. It indicates the point on the responder’s scale
where the needle will be when the initiator has achieve the minimum standard
of proof for them to win the case. This is the maximum losing point for the
responder. If they had bone any higher they would have won.
(2)
Tipping Point. It indicates by simple calculation how close the
responder is to winning. If they had achieved just 1% more certainty for their
case they would have won. In other words it represents the tipping point.
(3)
Minimum Winning Point. It indicates the minimum winning point for the
responder. This is calculated by adding 1% to the value of the maximum
losing point for the responder.
First Step for Proof
When the needle of proof for any party rests on 0% they are at the beginning
of their journey towards proof. The first step in proof, which entails moving
along the scale from 0%, is taken with evidence. The question then is how
convincing is the evidence.
In the obvious case the party who is on 0% must introduce the evidence
themselves as the make out their own case. This is often referred to as their
initial evidential burden.
However, it is possible that evidence of a defence emerges from evidence
from the initiator, be it from examination in chief, cross examination or re-
examination. In this regard it is worth noting that one of the common law
duties of a prosecutor is to put all relevant evidence before the court,
regardless as to whether it is favourable or unfavourable to their case.
Criminal Cases
Introduction
Discussion of proof of criminal cases comprises discussion of:
(1)
Rule 1. Starting Point. This is conventionally referred to as the onus of
proof or the burden of proof.
(2)
Rule 2. Finishing Point. This is conventionally referred to as the
standard of proof.
Rule 1. Starting Point
Initiator’s Case
Under the general common law rule the starting point for criminal cases (and
also civil cases) is 0% on the initiator’s scale, which amounts to 100% on the
responder’s scale. Nothing is assumed to have happened so the initiator has to
prove everything. This is expressed in the basic rule of law determining the
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