What’s the Burden of Proof in Criminal Cases?

If you watch TV or read legal thrillers, you’ve probably come across the term burden of proof at some point. But do you know what these words mean in practice? If you have a pending criminal case or think you might, now’s a good time to familiarize yourself with the burden of proof and what it could mean for you.

What is a Burden of Proof?

Burden of proof is the term describing the standard that a party attempting to prove a fact must meet in order for the court to accept that fact as established. In the context of a criminal case, the burden of proof is the bar that must be reached in order for the defendant to be proven guilty.

Who Has the Burden of Proof?

Regardless of the type of case, the burden of proof rests on the party attempting to establish a fact. A court will not consider a fact as established until the party asserting it has satisfactorily reached the burden of proof. Because U.S. courts assume that a defendant is innocent until proven guilty, the burden of proof rests with the prosecution. If the prosecution cannot meet this standard, the court will find the defendant not guilty. In other words, a defendant does not have to prove their innocence. Rather, the prosecution must prove the defendant’s guilt.

The burden of proof in criminal trials serves as a critical safeguard for defendants. This high standard places the responsibility on the prosecution to present compelling, credible evidence that establishes the defendant’s guilt with reasonable certainty. The system was developed to minimize the risk of wrongful convictions and uphold the principle that it is better for a guilty person to go free than for an innocent individual to be unjustly punished. 

The Different Burdens of Proof

The burden of proof in criminal trials is beyond a reasonable doubt. In other words, the prosecution must leave the judge or jury with no plausible explanation for the evidence it presents as trial but the defendant’s guilt.

Beyond a reasonable doubt is the highest burden of proof in the American legal system. However, it is not the only one. Here are some other burdens of proof and what they apply to:

• Preponderance of the evidence – This is the standard in most civil cases, such as personal injury suits and contract disputes. It is the lowest burden in the court system and requires the alleging party to show merely that the point in question is likelier than not to be true.
• Clear and convincing evidence – Common in probate and fraud cases, this burden means that the point in question is clearly and substantially more likely to be true than untrue.

Contact Our Criminal Defense Lawyers For Help

Are you facing a criminal matter in Las Vegas, Nevada? If so, you deserve a vigorous defense that will do everything it can to secure a favorable outcome by preventing the prosecution from meeting its burden of proof. Contact Adras & Altig today for a free consultation, and let’s discuss your legal matter together.