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.