Burden of Proof: The Meaning of Innocent until Proven Guilty

 Posted on November 18, 2024 in Criminal Defense

The idea that a criminal defendant is "innocent until proven guilty" has been drilled into the American public for decades. The phrase appears in virtually any movie or TV show about the criminal justice system. However, this phrase is more than just a platitude or lip service to the rights of the accused. It has actual legal weight and is vitally important for the outcome of a criminal trial. At its heart, "innocent until proven guilty" is an indication of which side – the prosecution – has the burden of proof in a trial. An experienced criminal law attorney can advise you on the burden of proof in your case if you have’ve been charged with a crime.

Burden of Proof, Explained

The burden of proof is a legal term for determining which side has to prove his or her case is correct. Innocent until proven guilty means that the prosecution is the side that has to bear the burden of proof. The prosecution must put forward affirmative evidence that shows the court that the defendant is guilty in order to have the defendant convicted. The lack of evidence absolving the defendant of guilt is not enough.

To better understand this, imagine the opposite world. Suppose defendants were "guilty until proven innocent." That would mean that the defendant's side in the trial would need to show that the defendant did not commit the crime. The defendant would need to produce DNA evidence or witnesses or some other positive thing that showed he or she did not do it. While these types of evidence are often produced by defendants regardless, they are not, strictly speaking, necessary in a world where it is the prosecution's job to prove the defendant guilty rather than the defendant's job to prove him or herself innocent. Where the burden of proof rests is particularly important in criminal cases because the prosecution has a heightened standard for proving its case.

Different Standards of Proof

The evidentiary standard is at least as important as who has the burden of proof. Criminal cases carry a higher burden of proof than civil cases. In criminal cases, the prosecution has the burden to prove that the defendant fulfilled all the elements of the crime "beyond a reasonable doubt." 

In contrast, civil cases only need to be proved by a "preponderance of the evidence." Beyond a reasonable doubt is a higher standard that requires more evidence to prove that the defendant is guilty. These sorts of standards are often expressed in terms of percent likelihood.

Criminal Burden of Proof

"Beyond a reasonable doubt" is usually expressed as a greater than 90 percent likelihood that the defendant is guilty of a crime. To prove a crime beyond a reasonable doubt, the prosecution must overcome a presumption that the defendant is innocent.

Civil Burden of Proof

In most civil cases, the defendant’s liability must be proven by a "preponderance of the evidence." The preponderance of the evidence standard usually means that the evidence shows something to be more likely than not to be true, commonly expressed as a 51 percent likelihood. In other words, the prosecution must convince the judge or jury that it is "more likely than not" that the defendant is liable.

In some civil cases, the case must be proven to a reasonable certainty by clear, satisfactory, and convincing evidence. For example, actions related to conservation in Wisconsin are subject to this burden of proof, as are actions in certain municipal courts.

Does Intent Matter When it Comes to the Burden of Proof? 

When a defendant is accused of a crime, the defense must prove their case beyond a reasonable doubt, regardless of the crime. However, usually, the prosecution must also prove additional elements of a crime, such as the defendant’s intent to commit the crime. When it comes to intentional crimes, the prosecution must prove both the act and intent beyond a reasonable doubt.

For certain types of crimes, called strict liability crimes, the defendant will be guilty even if they had no intent to commit the criminal act. In strict liability crimes, the prosecution must only prove the act beyond a reasonable doubt.

What is the Standard of Evidence for Felonies and Misdemeanors? 

Violent crimes require the government to prove the charges beyond a reasonable doubt. These include:

• Embezzlement

• Fraud

• Murder

• Assault

Misdemeanors must also be proved beyond a reasonable doubt, although the criminal liability is often less serious. Examples of Wisconsin misdemeanors are:

• Possession of alcohol as a minor

• Disorderly conduct

• Driving under the influence (DUI)

• Strict Liability Crimes

• Traffic violations

• Homicide by intoxicated use of a vehicle

White-collar crimes may be felonies or misdemeanors depending on the details of the crime. They are typically prosecuted as criminal cases, but are often followed by civil cases wherein victims of the crimes – such as individuals who lost money through fraudulent actions – seek restitution for their losses. Types of white collar crimes that are often criminally prosecuted include: 

• Embezzlement

• Wire fraud

• Ponzi schemes

• Insider trading

• Mortgage fraud

• Insurance fraud

• Tax evasion

Whether you are facing prosecution civilly or criminally for any of these crimes, Gimbel, Reilly, Guerin & Brown, LLP has experienced, competent defense attorneys who will make it very hard for the prosecution to meet the relevant burden of proof.

Your Lawyer’s Role and the Burden of Proof

Your attorney’s work significantly impacts the prosecution’s ability to prove their case beyond a reasonable doubt. During the trial, your attorney’s role will be to raise a reasonable doubt in the minds of the jury or judge and an attorney will do this by crafting a defense strategy that endeavors to raise a reasonable doubt about whether you committed the crime.

For instance, your attorney can raise a reasonable doubt in the decision maker’s mind by showing how certain evidence is inconsistent, challenging witness credibility, or undermining the prosecution’s theory by discrediting it or providing a different theory of the case.

Call Our Milwaukee, WI Criminal Defense Attorneys 

If you have recently been charged with a crime, it is important to reach out to an experienced Milwaukee criminal defense attorney as quickly as possible. An experienced defense attorney at Gimbel, Reilly, Guerin & Brown, LLP can help you build your case and defend your rights by making a case before the jury that the prosecution cannot meet their burden of proof. Call 414-271-1440 now to schedule a confidential consultation.