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Absence of Evidence does not mean Evidence of Absence, an old quote by Dr Carl Sagan, means, in a very simple term,that, if there is lack of evidence of presence of a thing, does not always conclude to the absence of that thing totally.
In other words, an absence of evidence is evidence of absence. But its the opposite assumption that an absence of evidence is not evidence of absence that has come to have the status of a received truth.
Insufficient evidence is a negative defense, which means that the defendant asserts by implication (silence) or by testimony, that she did not commit the alleged offense, or that the prosecutor cannot prove that she committed the alleged offense.
Insufficient evidence is the evidence which fails to meet the burden of proof and is inadequate to prove a fact.
Questions, statements, objections, and arguments by the lawyers are not evidence. The lawyers are not witnesses. Although you must consider a lawyers questions to understand the answers of a witness, the lawyers questions are not evidence.
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Search Legal Terms and Definitions Insufficient evidence usually results in dismissal of the case after the prosecution or the plaintiff has completed his/her introduction of evidence or, if on appeal, reversal of the judgment by the trial court.
Lack of evidence can essentially put an end to a persons legal case. Evidence refers to information that the plaintiff, prosecutor or defendant presents to the court to get the court to rule in his favor.
What is Insufficient Evidence? A finding (decision) by a trial judge or an appeals court that, as a matter of law, the case must be dismissed due to a lack of sufficient evidence presented by the plaintiff or prosecutor, which has not met the required standard of proof in such a proceeding.
You get the idea. In other words, the absence of evidence fallacy occurs when someone uses a lack of evidence to try to prove something. Of course, the problem with this line of reasoning is that a lack of evidence is just that: a lack.
You cannot be convicted of a federal crime. If there is no evidence against you, under the law, it simply is not possible for the prosecutors office to obtain a conviction at trial.

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