Defense: Burden of Proof Beyond a Reasonable Doubt
The founding fathers were wise men. They understand that in many cases, it is impossible for an accused citizen to prove his innocence. They also realized that it is better to let 100 guilty men go free, then to convict and imprison one innocent person. Accordingly, they implemented a great protection for the innocent accused: the burden of proof is on the government, or prosecutor, to prove its case beyond a reasonable doubt.
The burden of proof as to whether the defendant has committed a crime is on the State of Florida. That burden never leaves the State. The defendant, unless he is putting on an affirmative defense, assumes no burden at all.
The State must prove that the defendant is guilty of the crime alleged beyond a reasonable doubt. If the State only proves that more likely than not the defendant committed the crime charge, that is insufficient to convict, and the verdict at trial must be not guilty. If the State proves the defendant “probably” committed the crime charge, but there is still a reasonable doubt as to the defendant’s guilt, then the defendant must be found not guilty. For an illustration, see the following graphic.
While a good Tampa Criminal Attorney must always think out side of the box when strategically planning his client’s defense, he must never forget the powerful protections the founding father installed in our legal system more than 200 hundred years ago. Sometimes, the sufficiency of the evidence defense is the best defense to put forward.
To discuss this or another defense with a qualified Tampa Criminal Attorney, call Denmon & Denmon today at 813-554-3232 (Hillsborough) or 727-753-0049 (Pasco or Pinellas). Ask to speak directly to an attorney.
