Reasonable Doubt and The Burden of Proof

Reasonable doubt is a term used in Anglo-Saxon countries. Evidence that is beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most legal systems. That said: The burden to prove guilt beyond a reasonable doubt is on the prosecution and never shifts to the defendant. The burden can be met by relying on direct evidence (if the cop saw the driver spinning and doing the ‘donuts’), and by circumstantial evidence (if the cop was there, saw no skid marks, came back shortly thereafter while the white truck was there and saw the ‘donuts’). There are other types of proof and circumstances that can used to support or rebut an inference that you are guilty. However, the important thing to remember is that the prosecution does not need to have a witness who actually ‘saw you do it’ in order to charge or convict you.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY

Howard W. Bailey, Esq.
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200

#evidence   #criminaldefense   #conviction