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Criminal Attorney Tampa Has Burden Of Proof; Reasonable Doubt Lurks In Minds of Juries

It has always been the prosecutor’s duty to prove a prisoner’s guilt and if at the end, there is reasonable doubt, created by the evidence then the prosecution has not made their case and the prisoner is entitled to an acquittal.

Criminal attorney Tampa, Florida knows that the law is clear and states the prosecution has the burden of proof and must prove all elements beyond a reasonable doubt.  The prisoner does not have any burden of proof and therefore can choose to remain silent during any court proceedings and not put forth any evidence.

Little guidance has emerged over the past several decades as to the precise meaning of ‘beyond a reasonable doubt’.  The words ‘beyond a reasonable doubt’ are ordinary, everyday words and that is how juries should interpret and understand them according to  many lawyers.

Unfortunately, jurors, both collectively and individually, could apply a considerable range of meanings to these every day words; particularly in cases largely based on circumstantial evidence.  These circumstantial evidence trials usually do not rely on eyewitness testimony so that some jurors feel that they can never know for certain or beyond all reasonable doubt of the defendant’s guilt and therefore will vote for an acquittal.

A Tampa criminal attorney will also realize that the focus on reasonableness may leave the defendant at a disadvantage position if the jury feels that in order to acquit, an attorney must present a coherent alternative account of what happened that does not implicate the defendant.

One thing is for certain. ‘Beyond a reasonable doubt’ standards contribute to minimizing risk of wrongful convictions.  Someone once said, “Better that ten guilty people escape than that one innocent suffer”.  Not without its drawbacks, the degree of protection afforded to the accused persons under the system is widely regarded as a hallmark of the justice system.  Acquitted of the factually guilty – or at least those against whom there is strong evidence but not sufficient enough to meet criminal standards of proof – tends to undermine victims and the community’s sense of justice.