Understanding the Burden of Proof in a Criminal Trial
The basis of the American Legal System, pertaining to criminal cases, is on an oft-heard premise ‘innocent until proven guilty’. You may have heard it, but to understand the meaning, interpretation and implication you had better take help from a criminal law attorney. It is even more essential when a criminal charge against you reaches trial.
The premise gives rise to one important aspect – the burden of proof. It is the responsibility of proving innocence or guilt of an entity before a judge or jury. If you plead ‘not guilty’, the burden of proof is on the prosecution. This means that the prosecution must prove your guilt beyond a reasonable doubt at the trial.
The next question is obvious – what is ‘beyond a reasonable doubt’. This does not mean the establishment of the individual’s guilt beyond any doubt; rather it implies that the evidence presented leaves no reasonable doubt as to the individual’s guilt. In other words, there is no alternative possibility in the dispute.
For a criminal case in Florida, usually the prosecution must prove two specific points –
Criminal act – this means that the individual accused did commit the act(s)
Criminal intent – this means that the individual had an intention to commit the crime(s)
In certain circumstances, the burden of proof shifts to the defendant’s side. This happens when you and your attorney decide to use an affirmative defense strategy. In this situation, there is no challenging the facts presented, but asking for excusing conduct because of certain circumstances otherwise unlawful in nature.
Suppose you are facing a trial on charges of drug crimes. If there was inducement by a government agent/agency for you to commit the crime, you have the option of raising the entrapment defense. Then it becomes your responsibility to prove that without the presence of the inducement, you would not have committed the crime.
As per Florida laws, if your Miami criminal law attorney is capable of satisfactorily raising an affirmative defense, and presenting enough evidence in this regard, the prosecutor has to disprove it, again, beyond a reasonable doubt. However, handling this requires thorough knowledge of the laws and experience in the proceeding.
You need a capable criminal law attorney for defense. Whether you are raising an ‘I didn’t do it’ defense or an affirmative one, it would take legal knowledge and expertise to present it successfully at a trial. This is the reason competent legal representation is a requisite in such a case.
Processing your request, Please wait....
