Understanding the Burden of Proof in a Criminal Case
What do you need to prove at a criminal trial? Sometimes, you need not prove anything at all. Every criminal case is different, and the defenses you need to use to combat the charges need to be suitable to it as well. Before you take any step, you need to find an attorney for understanding the standard of proof, criminality and the burden of proof.
The standard of proof in a criminal case is much higher than that of civil cases. The standard of proof in a civil case in Florida is by 'clear and convincing proof', i.e. explicit, precise, and unambiguous evidence. This standard in a criminal case is 'beyond a reasonable doubt'. In most cases, the prosecution must meet this standard to convict.
What does this standard signify? The prosecution must present evidence, analyzing which there is no logical explanation other than that the defendant committed the crime. Any existence of a reasonable doubt in this regard is a failure; and the legal system considers every person innocent until proven guilty pertaining to this standard.
Moreover, proving that the defendant committed the criminal act may not suffice. The prosecution would also need to prove the presence of criminal intent in a defendant's action. However, in certain cases, this may not be necessary. For example, the defendant had planned a murder much earlier with an accomplice.
In a Miami criminal case, the defendant may take two stands -
* He/she may deny doing any criminal act (s), and let the prosecution prove his/her guilt
* He/she may raise an affirmative defense, which excuses his/her act (s) on certain grounds
If a defendant in a criminal case does not admit doing anything of criminal nature, the burden of proof is on the prosecution. In such a situation, it is the task of the prosecution to present enough evidence to prove guilt beyond a reasonable doubt. Sometimes, a Miami attorney would also advice you to present an alibi to raise a reasonable doubt.
However, the burden of proof shifts in an affirmative defense. In such a circumstance, it is the duty of the defendant's attorney to prove that though the defendant committed the criminal act, particular grounds make it excusable. For example, inducement to commit a crime by a government official was the reason for committing it.
Handling an affirmative defense and its associated burden of proof involves serious legal issues. You need to find a legal practitioner capable of doing this to ensure proper representation before a court.
The standard of proof in a criminal case is much higher than that of civil cases. The standard of proof in a civil case in Florida is by 'clear and convincing proof', i.e. explicit, precise, and unambiguous evidence. This standard in a criminal case is 'beyond a reasonable doubt'. In most cases, the prosecution must meet this standard to convict.
What does this standard signify? The prosecution must present evidence, analyzing which there is no logical explanation other than that the defendant committed the crime. Any existence of a reasonable doubt in this regard is a failure; and the legal system considers every person innocent until proven guilty pertaining to this standard.
Moreover, proving that the defendant committed the criminal act may not suffice. The prosecution would also need to prove the presence of criminal intent in a defendant's action. However, in certain cases, this may not be necessary. For example, the defendant had planned a murder much earlier with an accomplice.
In a Miami criminal case, the defendant may take two stands -
* He/she may deny doing any criminal act (s), and let the prosecution prove his/her guilt
* He/she may raise an affirmative defense, which excuses his/her act (s) on certain grounds
If a defendant in a criminal case does not admit doing anything of criminal nature, the burden of proof is on the prosecution. In such a situation, it is the task of the prosecution to present enough evidence to prove guilt beyond a reasonable doubt. Sometimes, a Miami attorney would also advice you to present an alibi to raise a reasonable doubt.
However, the burden of proof shifts in an affirmative defense. In such a circumstance, it is the duty of the defendant's attorney to prove that though the defendant committed the criminal act, particular grounds make it excusable. For example, inducement to commit a crime by a government official was the reason for committing it.
Handling an affirmative defense and its associated burden of proof involves serious legal issues. You need to find a legal practitioner capable of doing this to ensure proper representation before a court.
Source...