MicroWaveTexas Judge Says Doctors Can Use ‘Good Faith Judgment’ in Providing Abortions
vettnerkWho holds the burden of proof, though? Will the doctor have to prove that his choice was done in good faith to claim that his procedore was lawful, or will a prosecution have to prove bad fath? It might seem like semantics, but I bet a lot of doctors will be risk averse if they hold the burden of proof.
Prosecution always has the burden of proof in criminal cases.
Does the prosecution hold the burden of proof? Yes
Can a defense attorney technically sit there and say nothing during the entire trial? Well technically yes. Because the burden of proof is on the prosecution.
But the reality is the prosecution can make their evidence state anything they want. That exact quote comes from an attorney that I know personally. Evidence can always be made to say whatever you want in a court case.
So the reality is prosecution they lay out their burden of proof or their quote unquote evidence, another defense have to be able to prove that the prosecution is wrong. OK technically they don’t prove anything they just have to put calls in the other side story. But I say tomato tomatoe. At the end of the day it’s basically the same thing. The doctor is basically going to have to demonstrate why they did what they did. And because there are not clear set rules and clear set guidelines, the end result is a lot of doctors won’t do it.