Who has the Burden of Proof in a Criminal Case? Criminal Defense Lawyer New York

In criminal cases the burden of proving the case rests with the prosecution and only in the most exceptional circumstances (and then only on minor issues within the case), this burden never shifts from the prosecution to the defendant.

What does the burden of proof mean? It means that the onus of making their case stays with the prosecution.
Obviously this also means that the defendant does not have to prove anything. The pressure to prove the case always stays with the prosecution.

A defendant is not required to prove anything and in fact is under no obligation to even give evidence in their own defense. They may choose not to give evidence and the majority of defendants do not.

In civil cases, when the Plaintiff makes their argument, it is often likely if not required that the Defendant respond to this argument. In civil law cases the burden of proof still rests with the party who brings the proceedings i.e. the Plaintiff, but they only have to prove their case on a much lower standard of proof: the preponderance of evidence.

In criminal cases it is the State who bears the burden of proving their case against the Defendant and they must do so to a much higher standard of proof than in civil cases i.e. beyond a reasonable doubt.

There is no scientific definition as to what beyond a reasonable doubt means but in short it means that if the Judge or Jury has a doubt and the doubt is a reasonable one, they must dismiss the charges against the Defendant.



DISCLAIMER.

Patrick Horan is an Irish lawyer and is not licensed to practice law in New York. The information that he presents here is for educational purposes only and is not intended to be regarded as legal advice and should not be seen as such. He does not give legal advice on the laws of the United States. His focus is to highlight legal principles or practices generic across jurisdictions where the Common Law is practiced. If you have queries about legal issues in New York, you should speak with a licensed criminal lawyer.



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