Criminal Attorney: Burden of Proof

Does the prosecution have a more difficult job than the criminal attorney defending a case? One is not necessarily more difficult than the other but there are vast differences between the responsibility and approaches that each side takes. In the end, in order to gain a conviction, the prosecution must prove that a crime has been committed beyond a reasonable doubt. Here, the defense decides how to present the client and the situation.

Who is making the accusation?

The person making the accusation is required to present proof that a crime has been committed. Police officers work with the legal system to bring charges against a person. They use evidence acquired during their investigation as proof and must present that case in a way that ensures that the judge and/or jury see no other alternative.

The criminal attorney must work to discredit the evidence and the proof. Prosecutors often put multiple examples out on display to prove a person's guilt. On the other hand, while defending the accused, the defense lawyer takes each example and uses it to his or her advantage. At each step, the goal is to show that the proof is inaccurate or inadmissible. As an example is discredited, the burden of proof begins to weigh heavily on the prosecution's case.

How much proof is needed?

In the legal system, proof must be presented so that the defendant is guilty beyond a reasonable doubt. This means that there is no way that the accused did not commit the crime. While the prosecution looks to prove their case, the criminal attorney works to provide other alternatives for how or why the crime took place. These alternatives are used to present other people, situations, or circumstances that could have played a part in the crime outside of the client.

Depending on the case, different proof carries different weight. For example, a criminal attorney might point out the fact that there are no written or recorded videos of the accused committing a crime. Even if he was at the same place at the same time as the crime, it does not mean that he was involved. On the other hand, in some cases, circumstantial evidence is enough to prosecute because of the sheer amount of "coincidences" that cannot be explained away.

With the burden of proof to consider, a criminal attorney consults with his client to make sure that they agree on the approach to take. Research begins and preparation is made to present a solid case at the trial that suggests the prosecution has not been able to meet the burden of proof and that there are other alternative explanations for the crime.