Answers (1)
Depends. If it's a trial before a judge in the Circuit Court, the judge has to making findings of fact depending on what evidence has been presented before him or her. The judge has to decide whether the prosecutor has proven the case beyond a reasonable doubt. Not beyond ANY doubt whatsoever, because the judge wasn't there to see the crime happen, otherwise the judge wouldn't be allowed to hear the case. Not by a preponderance if the evidence, meaning more likely than not. Not by clear and convincing evidence, which is a step beyond preponderance. But beyond reasonable doubt, the highest standard in the law.
If it's a jury trial, then the jury has to make the same finding, and the judge has to decide whether the rules of evidence have been followed, and whether the accused has had a fair trial.