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Proof State

The Importance of "Burden of Proof"

The burden of proof rests with the prosecution in the majority of OUI, operating under the influence of drugs/alcohol, in the state of Maine. This is extremely important in any case that has little in the way of proof, because it may give your attorney a great opportunity to secure your release and/or acquittal. However, you may not understand the real importance of the burden of proof in your case, so here is some information to help explain the fundamentals.

Definition

Having the burden of proof in any case means that the side with the burden of proof has the responsibility to prove to the court that the charges they have brought are true and enforceable. In an OUI case, it is the prosecution's sole responsibility to prove that the defendant did what they are charged with, and the defense must only dispute what the prosecution presents whenever and however possible.

Therefore, the definition of the burden of proof, according to the professionals at www.wikipedia.com, is: "the obligation of a party on one side of a dispute or issue to provide sufficient evidence in support of their position."

However, keep in mind that the burden of proof on a criminal case is proof beyond a reasonable doubt.  That is a very high standard and one which the prosecution may not be able to meet.

How It Applies

There are two basic burdens of proof that can be brought into play during a trial. The first is philosophic burden of proof, which has more to do with who should have the burden and offers very little application for an OUI case at best. The second, more important, form applies to OUI cases, known as the legal burden of proof. This means that the party with the burden of proof must use evidentiary means, such as eyewitness testimony or blood test results, in order to achieve a conviction.

If the prosecution cannot satisfy the burden of proof, then the jury has no choice but to acquit, or set free, the defendant in a given case. The jury must be able to decide unanimously that a person committed the crime that they are charged with. However, keep in mind that very few OUI cases actually go before a jury because of the plea bargaining process.  That means that your attorney may be able to negotiate a favorable outcome for you in the case that doesn't equal a conviction for OUI.

Admissible Evidence

In order to prove their case, the prosecution must present admissible evidence to support the OUI claim, whether to a judge or jury. Although each judge has the right to decide what is acceptable and what is not ultimately, there are a few forms of evidence that are generally admissible in the state of Maine.

Certificates or official documents showing the results of blood alcohol concentration, BAC, are admissible, as long as the test was conducted by someone licensed or trained in that particular test. Most courts will not admit preliminary breath test (PBT) results.

This information is provided solely for informational purposes and does not constitute legal advice.

About the Author

William Bly of The Law Office of William T. Bly is a criminal defense attorney who spends part of his practice on OUI-related issues, like DUI defense.  To read more, visit online.

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State of Israel Coins Rebecca Bronze Proof Medal $165.57 The Matriarch Rebecca was a woman of decisive opinion steadfast in her way. Eliezer the emissary of Abraham was sent to find a wife for Abraham s son Isaac. He met Rebecca near the well and she responded to all his requests with incredible understanding. Eliezer is received as a guest with Rebecca s family and when asked if she would agree to marrying Isaac Rebecca confidently and decisively replies: I will... (Genesis 24:58). Rebecca became the wife of Isaac. During her pregnancy she felt difficulties she felt fighting within her. We are told in the Book of Genesis that Rebecca went to inquire of the Lord not Isaac but Rebecca herself and she gave birth to twins Jacob and Esau. When Isaac was elderly and his sight was failing he asked Esau the firstborn to prepare tasty food and intended to bestow many blessings upon him. Rebecca sensed danger in this for the future and took immediate action by calling Jacob and preparing him to serve his father with the tasty food and receive the blessings before the arrival of his brother. Esau never forgot and never forgave Jacob for stealing the blessings. Again Rebecca was forced to save her beloved son Jacob from the anger of Esau. Her decisive actions were to save the people of Israel for all time. Rabbi Eliyahu Marciano. Obverse:. The medal depicts Rebecca carrying the pitcher on her head before drawing water from the well for Eliezer and his camels. Reverse:. On the common reverse of all medals in the series a flame an eternal flame symbolizing the lineage that began with the first matriarch and continues until this day. Edge:. Gold and Silver medals: Smooth. Bronze and Pure Gold medals: Milled. Designer:. Face: Shira Rahat. Reverse: Dina Avinoam. Silver and Bronze medals: Bulgaria. Gold and Pure Gold medals: ICMC Mint. Details: 11790400 2007 Bronze / Tombac Proof 40.0 Diameter mm. 20.0 Weight gm.

State of Israel Coins Akko Silver Proof Coin $382.88 The Bank of Israel has chosen the new Akko coin with which to open both the year 2010 and the new decade. Akko richly deserves to be included among the UNESCO World Heritage Sites worthy of preservation inasmuch as this 4 000 year old port city jutting into the blue waters of the Mediterranean on Israel s northern coast is a unique and priceless jewel. UNESCO s designation of Akko states that the exceptional history of the city is reflected in the fact that its well preserved Crusader subterranean city dating from the Middle Ages atop which is the Islamic fortress city of Ottoman times (18th19th centuries) presents a priceless picture and testament of how ancient cities were planned and constructed and how later cities were built emerging from and on top of the older ones. This is exemplified as well in the layered archaeological findings of Jerusalem and each city teaches us about the other one. It is interesting to note that the Crusader city with Byzantine and Roman remnants was discovered in the 1960 s when municipal development necessitated the construction of a modern sewer system. Akko incorporates and encapsulates the entire history and archaeology of the Land of Israel from Biblical times even before King Solomon through the Greeks and Romans the Byzantines the Crusaders the Ottomon Moslems Napoleon the British and finally the fledgling State of Israel (as depicted in the famous film Exodus with its dramatic prison escape from Acre s moated fortress). Akko (Acre) is also a microcosm of modern Israel where Jews and Arabs live work and interact together in normalcy which is enviable throughout the Middle East and boasts a thriving population of some 47 000. It is a tourist mecca as well and its beauty can be seen on this coin which portrays on its obverse the ancient fortress walls with the famous KhanelUmdan caravanseraie and its clock tower erected to celebrate the 25th year of the reign of the notorious Ottoman Butcher of Acre Sultan Suleiman Abdul Hami

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State of Israel Coins Samson and the Lion Silver Proof Coin $382.88 Samson was a Nazarite an ascetic who abstained from worldly pleasures including drinking alcohol and even cutting his hair. When Samson was on his way to meet the Philistine girl he wanted to wed he encountered an attacking lion. The Lord gave him super human strength to fight and destroy it. Later when on his way to his wedding he observed bees producing honey in the carcass of the lion an unexpected lesson in the vagaries of life and in the possibility of making something sweet from something quite the opposite. Obverse:. The face value in Hebrew and English the State emblem the word Israel in three languages and the mint year. Reverse:. The coin is graced with an artistic rendering of Samson wrestling with the fierce lion in the Philistine city of Timnat in ancient Mesopotamian style typical of the Canaanite period . A stylized palm tree symbolizes the Land of Israel where this scene took place. Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Ilan Hagari. Details: 21879380 Pure Gold Proof NIS 1 13.92 Diameter mm. 1.244 Weight gm.

State of Israel Coins Fouga Airplane Bronze Proof Medal $181.09 This series of medals commemorates the airplanes of the Israeli Air Force. Each one made its mark on the history of the country and is associated with its specific period of operation. The planes have been reproduced in precise detail on the medals designed by Eliezer Weishoff in consultation with the Public Committee headed by the former Commander of the Air Force Major General Eitan Ben Eliahu. This medal is dedicated to the FougaMagister Airplane a twinengine jet powered plane that was developed in France by the French Jew Shidlovsky. It was delivered to the Israeli Air Force Flight School in 1960 by Bedek Aircraft later to become the Israel Aircraft Industry and became the standard training plane. The plane s long wings and butterfly tail made it the symbol of aerobatic flights. During the 1980 s the plane was upgraded the engine was replaced and additional technical improvements were installed until it became an almost completely new aircraft the Magister still in operation. Obverse:. The FougaMagister in flight with the cliffs of the Negev in the background; the words FOUGAMAGISTER appear in Hebrew along the upper border and in English along the lower border of the medal. Reverse:. A stylized design of a bird in flight with the hills of Jerusalem above it and the Israeli Air Force emblem below it; the verse HIS WINGS SHALL FILL THE BREADTH OF THY LAND (Isaiah is inscribed in Hebrew along the upper border of the medal and in English along the lower border. The silver/925 proof medal is with goldplated sterling silver insert and the bronze proof medal is with sterling silver insert. Edge:. State emblem with the words STATE OF ISRAEL inscribed in Hebrew on the right and in English on the left; serial number. Designer:. Eliezer Weishoff. Bronze and Silver medals: Romania. Gold medal: The Government Mint Israel. Details: 11566500 2004 Bronze / Tombac Proof 50.0 Diameter mm. 40.0 Weight gm.

State of Israel Coins Airplanes Dakota Bronze Proof Medal $181.09 This fascinating series of medals commemorates the airplanes of the Israeli Air Force. Each one made its mark on the history of the country and is associated with its specific period of operation. The planes have been reproduced in precise detail on the medals designed by Eliezer Weishoff in consultation with the Public Committee headed by the former Commander of the Air Force Major General Eitan Ben Eliahu. The fifth medal is dedicated to the cargo plane Douglas Dakota . The Dakota planes were used even prior to the official founding of the Israel Air Force in June 1948 and participated in air combat and other operations until 2001. These veteran aircraft were a household word in the Air Force and epitomized by the saying: The only alternative to the Dakota is another Dakota airplane. . Obverse:. The Douglas Dakota hovering above The Great Grater in the Negev; the word DAKOTA is inscribed in Hebrew and English along the upper section of the medal. Reverse:. A stylized design of a bird in flight with the hills of Jerusalem above it and the Israeli Air Force emblem below it; the verse HIS WINGS SHALL FILL THE BREADTH OF THY LAND (Isaiah is inscribed in Hebrew along the upper border of the medal and in English along the lower border. The silver/925 proof medal is with goldplated sterling silver insert and the bronze proof medal is with sterling silver insert. Edge:. State emblem with the words STATE OF ISRAEL inscribed in Hebrew on the right and in English on the left; the serial number and metal. Designer:. Eliezer Weishoff. Bronze and Silver medals: Romania. Gold medal: The Government Mint Israel. Details: 11454500 2002 Bronze/Tombac Proof 50.0 Diameter mm. 40.0 Weight gm.

State of Israel Coins Airplanes CH53 Yasur Bronze Proof Medal $181.09 This series of medals commemorates the airplanes of the Israeli Air Force. Each one made its mark on the history of the country and is associated with its specific period of operation. The planes have been reproduced in precise detail on the medals designed by Eliezer Weishoff in consultation with the Public Committee headed by the former Commander of the Air Force Major General Eitan Ben Eliahu. This medal is dedicated to the Sikorsky CH53 Helicopter nicknamed Yasur . With its two strong jet engines it is capable of operating around the clock in all weather conditions and can fly long distances. Since 1969 the aircraft has taken part in numerous rescue and commando missions. To this day a large portion of its operations during the Yom Kippur War remain classified. Obverse:. The Yasur in flight with the shoreline of Acre in the background including the Al Jazeera Mosque the port fishing boats and the pier; the inscription Yasur appears in Hebrew along the upper border as well as CH53 . Reverse:. A stylized design of a bird in flight with the hills of Jerusalem above it and the Israeli Air Force emblem below it; the verse HIS WINGS SHALL FILL THE BREADTH OF THY LAND (Isaiah is inscribed in Hebrew along the upper border of the medal and in English along the lower border. The silver/925 proof medal is with goldplated sterling silver insert and the bronze proof medal is with sterling silver insert. Edge:. State emblem with the words STATE OF ISRAEL inscribed in Hebrew on the right and in English on the left; the serial number. Designer:. Eliezer Weishoff. Bronze and Silver medals: Romania. Gold medal: The Government Mint Israel. Details: 11480500 2003 Bronze / Tombac Proof 50.0 Diameter mm. 40.0 Weight gm.

State of Israel Coins Airplanes Mustang Bronze Proof Medal $181.09 This series of medals commemorates the airplanes of the Israeli Air Force. Each one made its mark on the history of the country and is associated with its specific period of operation. The planes have been reproduced in precise detail on the medals designed by Eliezer Weishoff in consultation with the Public Committee headed by the former Commander of the Air Force Major General Eitan Ben Eliahu. This medal commemorates the Mustang Airplane recognized for its prestigious combat record during World War II. The planes took part in the War of Independence and served as the backbone of the Israeli Air Force until the arrival of the Meteor jets. The Mustang planes were responsible for surveillance of the skies above Israel and participated in various combat operations during the Sinai Campaign. Obverse:. The Mustang Airplane in flight with the Ancient Port of Jaffa and typical Tel Aviv style buildings in the background. The word MUSTANG appears along the border in Hebrew and in English. Reverse:. A stylized design of a bird in flight with the hills of Jerusalem above it and the Israeli Air Force emblem below it; the verse HIS WINGS SHALL FILL THE BREADTH OF THY LAND (Isaiah is inscribed in Hebrew along the upper border of the medal and in English along the lower border. The silver/925 proof medal is with goldplated sterling silver insert and the bronze proof medal is with sterling silver insert. Edge:. State emblem with the words STATE OF ISRAEL inscribed in Hebrew on the right and in English on the left; the serial number. Designer:. Eliezer Weishoff. Bronze and Silver medals: Romania. Gold medal: The Government Mint Israel. Details: 11490500 2003 Bronze / Tombac Proof 50.0 Diameter mm. 40.0 Weight gm.

State of Israel Coins Samson and the Lion Silver Proof like Coin $248.35 Samson was a Nazarite an ascetic who abstained from worldly pleasures including drinking alcohol and even cutting his hair. When Samson was on his way to meet the Philistine girl he wanted to wed he encountered an attacking lion. The Lord gave him super human strength to fight and destroy it. Later when on his way to his wedding he observed bees producing honey in the carcass of the lion an unexpected lesson in the vagaries of life and in the possibility of making something sweet from something quite the opposite. Obverse:. The face value in Hebrew and English the State emblem the word Israel in three languages and the mint year. Reverse:. The coin is graced with an artistic rendering of Samson wrestling with the fierce lion in the Philistine city of Timnat in ancient Mesopotamian style typical of the Canaanite period . A stylized palm tree symbolizes the Land of Israel where this scene took place. Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Ilan Hagari. Details: 21879300 Silver/925 Prooflike NIS 1 Star of David 30.0 Diameter mm. 14.40 Weight gm.

State of Israel Coins IDF Missing Prisoners Bronze Proof Medal $181.09 Since the establishment of the State of Israel to date the country was been fighting for the right of the Jewish People to live in peace and security in its Homeland. Throughout the fight for survival most of the fallen have been laid to rest in Israel. However there are scores of others whose burial places are unknown; there are those missing in action and there are prisoners of war. We are morally and ethically responsible for the lives and welfare of our soldiers. This obligation rooted in Jewish law and tradition serves as the beacon lighting the way throughout our continuous and unremitting search for our soldiers wherever they may be. The State of Israel and the Israel Defense Forces have an unwavering commitment to those who have fought to defend the country. We will not relent until they are brought home and returned to their families. This is our pledge. Obverse:. The Israeli flag and puzzle pieces forming the whole picture; the verse Our Sons Shall Return is inscribed in Hebrew and English and the source Jeremiah 31 in Hebrew around the upper border. Reverse:. The image of a dove being released in flight symbolizing the hope for the release of the imprisoned and the yearning for peace; the verse There is hope for your redemption in Hebrew and English and the source Jeremiah 31 in Hebrew are inscribed around the righthand border. Edge:. State emblem with the words STATE OF ISRAEL inscribed in Hebrew on the right and in English on the left; the serial number and metal. Designer:. Yigal Gabai. Silver and Bronze Medals: Bulgaria. Details: 11706500 2006 Bronze/Tombac Proof 50.0 Diameter mm. 49.0 Weight gm.

State of Israel Coins Jonah In The Whale Silver Proof Coin $382.88 Jonah the Prophet was commanded by the Lord to go from the Land of Israel to the city of Nineveh (thought to be Mosul in Iraq today) to warn its people to repent for their evil ways lest their city be destroyed. Jonah however chose to flee from his mission by boarding a ship bound for Tarshish (thought to be Spain today). When a violent storm arose the ship s crew believed that one of the passengers was responsible and cast lots to determine who it could be. The lot fell on Jonah who admitted his guilt and was cast into the sea which then calmed down. Meanwhile a big fish thought to be a whale swallowed up Jonah into its belly where he remained for three days and three nights. From the belly of the fish Jonah prayed to the Lord and was saved when the fish spat him out on the shore. He then understood he was destined to go to Nineveh as he had been commanded. The King and the people of Nineveh repented and were subsequently saved. The coin design of Jonah in the whale is inspired by the Chinese Yin Yang philosophy. Obverse:. The face value in Hebrew and English the Israel State Emblem Israel in Hebrew English and Arabic the mint year inscription Jonah in the belly of the fish Jonah 2:1 in the 3 languages Jonah in prayer. Reverse:. The coin depicts Jonah praying from the belly of the whale thy billows and thy waves passed over me.....yet I will look again towards thy Holy Temple.... . Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Obverse: Gideon Keich. Reverse: Aharon Shevo. Details: 21889380 Silver/925 Proof NIS 2 38.7 Diameter mm. 28.80 Weight gm.

State of Israel Coins Jonah In The Whale Silver Proof like Coin $248.35 Jonah the Prophet was commanded by the Lord to go from the Land of Israel to the city of Nineveh (thought to be Mosul in Iraq today) to warn its people to repent for their evil ways lest their city be destroyed. Jonah however chose to flee from his mission by boarding a ship bound for Tarshish (thought to be Spain today). When a violent storm arose the ship s crew believed that one of the passengers was responsible and cast lots to determine who it could be. The lot fell on Jonah who admitted his guilt and was cast into the sea which then calmed down. Meanwhile a big fish thought to be a whale swallowed up Jonah into its belly where he remained for three days and three nights. From the belly of the fish Jonah prayed to the Lord and was saved when the fish spat him out on the shore. He then understood he was destined to go to Nineveh as he had been commanded. The King and the people of Nineveh repented and were subsequently saved. The coin design of Jonah in the whale is inspired by the Chinese Yin Yang philosophy. Obverse:. The face value in Hebrew and English the Israel State Emblem Israel in Hebrew English and Arabic the mint year inscription Jonah in the belly of the fish Jonah 2:1 in the 3 languages Jonah in prayer. Reverse:. The coin depicts Jonah praying from the belly of the whale thy billows and thy waves passed over me.....yet I will look again towards thy Holy Temple.... . Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Obverse: Gideon Keich. Reverse: Aharon Shevo. Details: 21889300 Silver/925 Prooflike NIS 1 Star of David 30.0 Diameter mm. 14.40 Weight gm.

State of Israel Coins The Israel National Trail Silver Proof Coin $382.88 The Israel National Trail ( Shvil Yisrael in Hebrew) is a hiking path which crosses the length and breadth of the country from Kibbutz Dan in the north on the Lebanese border till Eilat at the southernmost tip on the. Red Sea bordering Egypt. The trail was marked out in 1991 and inaugurated in 1995. It totals some 940 km (580 miles) divided into 11 sections and requires between 3060 days of continuous hiking to complete. The Trail traverses the most beautiful sites and scenery routes and vistas and includes: the Upper Lower Galilee Carmel Range Sharon Plain Judean Hills Coastal Plain and Negev and Arava Deserts. Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Obverse: Meir Eshel. Reverse: Galia Erez. Details: 21888380 Silver/925 Proof NIS 2 38.7 Diameter mm. 28.80 Weight gm.

State of Israel Coins The Israel National Trail Silver Proof like Coin $248.35 The Israel National Trail ( Shvil Yisrael in Hebrew) is a hiking path which crosses the length and breadth of the country from Kibbutz Dan in the north on the Lebanese border till Eilat at the southernmost tip on the. Red Sea bordering Egypt. The trail was marked out in 1991 and inaugurated in 1995. It totals some 940 km (580 miles) divided into 11 sections and requires between 3060 days of continuous hiking to complete. The Trail traverses the most beautiful sites and scenery routes and vistas and includes: the Upper Lower Galilee Carmel Range Sharon Plain Judean Hills Coastal Plain and Negev and Arava Deserts. Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Obverse: Meir Eshel. Reverse: Galia Erez. Details: 21888300 Silver/925 Prooflike NIS 1 Star of David 30.0 Diameter mm. 14.40 Weight gm.

State of Israel Coins 2010 FIFA World Cup Silver Proof Coin $382.88 The next FIFA World Cup will take place from June 11 to July 11 2010 for the first time on African soil and the excitement is already beginning. Billions of television viewers all around the globe and about 3 million visitors to South Africa will be joining in the fun of the games waiting in suspense to see who will win the ultimate prize in football the FIFA World Cup Trophy. Over 200 countries from 5 continents will be enthusiastically participating in the preliminary rounds to be one of the 32 best teams and secure a place in the 2010 FIFA World Cup South Africa. The team spirit and fair play rules in Football encourage harmony and collective achievement among people and nations. Thus Football in itself contributes to improving society promoting peace and making the world better. Football has been popular in Israel for about a hundred years. In 1929 the National Federation was accepted as a member of FIFA. The Israel National Team has participated in international activities since 1934 and first took part in a FIFA World Cup march in 1970. The 2010 FIFA World Cup South Africa Commemorative Coin will capture the excitement of this outstanding event. The Israel Coin will be part of the World Collection of Coins from about 50 different countries. Obverse:. On the Face Value side the image of a football player leaps after the ball in the Southern Hemisphere. Reverse:. The theme side of the coin expresses power dynamics and celebration. The movement line of the ball zooms from the horizon level upwards and round to encompass the globe evoking the international importance of this event. Edge:. B.U. coin: Smooth. Silver and gold proof coins: Milled. Mint Marks:. B.U. coin Star of David. Silver and gold proof coins Hebrew letter mem below the face value. Designer:. Osnat Eshel. Details: 21878380 Silver/925 Proof NIS 2 38.7 Diameter mm. 28.80 Weight gm.

State of Israel Coins Airforce F15 Bronze Proof Medal $181.09 This series of medals commemorates the airplanes of the Israeli Air Force. Each one made its mark on the history of the country and is associated with its specific period of operation. The planes have been reproduced in precise detail on the medals designed by Eliezer Weishoff in consultation with the Public Committee headed by the former Commander of the Air Force Major General Eitan Ben Eliahu. The second medal in the series is dedicated to the F15 Eagle 2. The concept air supremacy obtained a new meaning when the McDonnel Douglas (now Boeing) F15 Eagle 2 entered the Israeli Air Force Service. The F15 or Baz (Falcon) as it called in Hebrew the most advanced operational fighter plane in the world today is noted for its excellent speed climbing ability combined armament capability and long range. The double tail fighter is designated to be the top level first line fighter in the Israeli Air Force. Its foremost mission is to maintain air supremacy in the aerial battle arena. Since entering the service on the December 10 1976 the Baz participated in many aerial combat missions shooting down dozens of enemy planes including MIG 25s and others. Its first mission was in the Litani Operation in 1978 and first enemy fighters were shot down in July 1979 over Syria and Lebanon. The Air Force operates no less than five different models including tandem seaters. In 1997 the advanced F15l model nicknamed Ra am (thunder) entered the service designed for long range attack in any weather carrying sophisticated weapons. Obverse:. McDonnel Douglas F15D flying over Masada. Reverse:. A stylized design of a bird in flight with the hills of Jerusalem above it and the Israeli Air Force emblem below it; the verse HIS WINGS SHALL FILL THE BREADTH OF THY LAND (Isaiah is inscribed in Hebrew along the upper border of the medal and in English along the lower border. The silver/925 proof medal is with goldplated sterling silver insert and the bronze proof medal is with sterling silver