3 Miss. Code. R. 1-02-210

Current through October 31, 2024
Section 3-1-02-210 - Burden of Proof
1. There must be evidence to support that a crime occurred. It is not necessary that the offender be prosecuted or convicted to show that a crime occurred. Additionally, although a conviction is not required as conclusive evidence that a crime has been committed, the victim/claimant must fully cooperate with law enforcement agencies and prosecuting attorneys.
2. Victim's/claimant's filing applications have the burden of proving eligibility of the claim filed and all its elements and items of compensation. Burden of proof is met by a preponderance of credible evidence.
3. The Division may give substantial weight to conclusions of investigative law enforcement agencies and dispositions of criminal proceedings, including, but not limited to, pleas of guilt and jury verdicts, considered along with all other case information and evidence. The ultimate determination made on a claim application is the obligation of the Division uncontrolled by determinations of others.

3 Miss. Code. R. 1-02-210