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Beyond a Reasonable Doubt- This is what the DA must prove

        Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant’s guilt in order to render a guilty verdict. This standard of proof is much higher than the civil standard, called “preponderance of the evidence,” which only requires a certainty greater than 50 percent.

        An example of what you need to do to poke holes in the DAs motives with your case.

Research  The District Attorney

        In a case I worked on, the charge was strangulation- The DA is an advocate for changing the law of Strangulation into a Federal offense. She has articles written about this subject. Our argument was- she is bias. RESEARCH WHO IS MOVING THE CHARGES AGAINST YOU AND FIND OUT WHAT THE RULE IS. This is what we found on a DA that was moving against a defendant about Strangulation. Their was zero evidence the crime occurred. So we did a bit of digging and found out some information about the DA and the rules concerning conflict of interest and bias.

     In this case 

 (district attorney- Washington County) basic obligation is as follows: 

 

BREACH OF DUTY: 

Standard 3-1.2 Functions and Duties of the Prosecutor 

(a) The prosecutor is an administrator of justice, a zealous advocate, and an officer of the court. The prosecutor’s office should exercise sound discretion and independent judgment in the performance of the prosecution function. 

(b) The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances. The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants. 

Standard 3-1.6 Improper Bias Prohibited 

(a) The prosecutor should not manifest or exercise, by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, gender identity, or socioeconomic status. A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. A prosecutor should strive to eliminate implicit biases, and act to mitigate any improper bias or prejudice when credibly informed that it exists within the scope of the prosecutor’s authority. 

(b) A prosecutor’s office should be proactive in efforts to detect, investigate, and eliminate improper biases, with particular attention to historically persistent biases like race, in all of its work. A prosecutor’s 

office should regularly assess the potential for biased or unfairly disparate impacts of its policies on communities within the prosecutor’s jurisdiction, and eliminate those impacts that cannot be properly justified. 

Standard 3-1.7 Conflicts of Interest 

(f) The prosecutor should not permit the prosecutor’s professional judgment or obligations to be affected by the prosecutor’s personal, political, financial, professional, business, property, or other interests or relationships. A prosecutor should not allow interests in personal advancement or aggrandizement to affect judgments regarding what is in the best interests of justice in any case. 

(g) The prosecutor should disclose to appropriate supervisory personnel any facts or interests that could reasonably be viewed as raising a potential conflict of interest. If it is determined that the prosecutor should nevertheless continue to act in the matter, the prosecutor and supervisors should consider whether any disclosure to a court or defense counsel should be made, and make such disclosure if appropriate. Close cases should be resolved in favor of disclosure to the court and the defense. 

    here is an example 

   The DA Did pursue charges regardless of her conflicts what can you do now? 

Lets say this is your case. The steps you need to take is FIRST prepare your case and include the conflict of the DA. In this case, she also sited the charges wrong (the ORCP rules) we added that to our argument. 

        After following our steps on how to prepare your case. You can begin to draft your argument to the OREGON STATE BAR and file a complaint. After you do this, and once your case is dropped you can move to file charges against the District attorney for their lack of discretion and follow with the key words they abused. some are as follows- Look any term up in the browser and see what it says, be careful not to MAKE it fit. it MUST  to fit your case. 

Abuse of power

breech of duty

slander

profiling 

etc. 

To find areas your prosecutor violated and you want to know more about the system. click here 

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