Rebecca Green Thomason – Attorney at Law
I watch lawyer shows. Right now on Amazon Prime I am watching the Good Wife series. I also watch Law and Order, CSI, Harry’s Law, and many others. I watch lawyer movies. Two of my favorites are And Justice for All and The Lincoln Lawyer. I love lawyers in real life and in fiction.
If you have also read John Grisham or have watched an episode of “Law and Order,” you’ve probably seen or heard the term “burden of proof.” This is a real legal concept that can be difficult to understand.
The 5th amendment of the Constitution states that any citizen of this country who has been accused of a criminal offense has the right to have his case tried in front of a judge or jury. In addition, because a defendant is innocent until proven guilty, the District Attorney must prove the defendant guilty. This is where we get the concept of burden of proof.
Burden of proof can also be defined as the burden of persuasion. In criminal cases, the prosecution must prove the defendant’s guilt Beyond a Reasonable Doubt. Reasonable doubt has been defined as a hesitation in believing the District Attorney’s story.
Anytime a person is accused of a crime, the State of Alabama has the responsibility of proving his guilt in court. The District Attorney must have enough evidence to support the guilt of the defendant. The State has the responsibility of proving the case. Which means that the burden of proof rests completely on the prosecution.
Because of the punishment of a criminal conviction, the District Attorney must do much more than simply prove the defendant “probably” committed the crime. The guilt must be proven beyond a reasonable doubt (no hesitation). This means that the evidence against the defendant must be so strong that no reasonable person would doubt his guilt.
Along with proving that the defendant committed the crime, the District Attorney must also prove he intended to commit the crime. If the District Attorney can’t prove either of these, the defendant should not be convicted.
Since the burden of proof belongs to the District Attorney, the defendant does not have to prove his innocence in court. Of course it helps to have a strong defense if you have been accused. It is always in your best interest to hire a good criminal lawyer.
The concept of burden of proof is also applied to civil cases. Unlike criminal cases the burden of proof in a civil trial is on the defendant. In civil cases the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. A preponderance of the evidence means that one side has more evidence in its favor than the other. Clear and convincing evidence is evidence that establishes the truth of a disputed fact by a high probability. Both standards of proof are lower burdens of proof than beyond a reasonable doubt.
Criminal trials require a higher standard of proof because criminal defendants face the loss of life or liberty if convicted while civil defendants generally only face the loss of money.
So when reading a lawyer novel or watching crimes on TV look to see what burden of proof is required.
