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Clear and convincing evidence in a Columbia, SC criminal defense case represents a legal burden of proof. It is distinct from the standard used to determine a defendant’s guilt or innocence of criminal charges, which is “beyond a reasonable doubt.”
Instead, clear and convincing evidence serves as a legal standard applied at various stages of criminal proceedings, aside from the final verdict on guilt.
Our experienced Columbia criminal defense lawyer at Shealey Law Firm explains clear and convincing evidence in Columbia criminal cases.
What Does “Clear and Convincing Evidence” Mean Under South Carolina Law?
Clear and convincing evidence refers to evidence that establishes a strong belief that the allegations are true. It means that the evidence is sufficiently clear for reasonable individuals to agree that it allows for little doubt. When the evidence is clear and convincing, there is a high likelihood that it is true.
See Colorado v. New Mexico, 467 U.S. 310 (1984).
How Clear and Convincing Evidence Differs From “Beyond a Reasonable Doubt”
Clear and convincing evidence is a lower burden of proof than beyond a reasonable doubt. Evidence can meet the burden of clear and convincing evidence while still falling short of the beyond-a-reasonable-doubt standard.
Conversely, if the evidence proves something beyond a reasonable doubt, it is also true by clear and convincing evidence.
The two standards are not used simultaneously. In South Carolina criminal proceedings, the jury decides if the defendant is guilty beyond a reasonable doubt.
When Is This Standard Used in Criminal Proceedings?
In a criminal trial, the jury decides if the defendant is guilty beyond a reasonable doubt. The jury doesn’t affirmatively decide a defendant’s innocence; instead, they decide only whether the prosecution has met their burden of proof that the defendant is guilty beyond a reasonable doubt.
Examples of Clear and Convincing Evidence in Court
Even though beyond a reasonable doubt is the standard for the ultimate decision of guilty or not guilty, clear and convincing evidence is still a burden of proof used in several instances in South Carolina criminal courts. These may include the following:
- Seeking to admit evidence under South Carolina Rule of Evidence 404(b) of prior wrongful acts to show scheme, plan, absence of mistake, or intent.
- Determining whether to exclude evidence of a prior bad act when, even if supported by clear and convincing evidence, its prejudicial effect outweighs its probative value.
- Remedying a wrongful conviction when a prosecutor knows of clear and convincing evidence establishing the conviction was wrongful.
- Petitioning for removal of sex offender registration requirements following a Tier III sex offense conviction.
- Conducting certain pretrial detention proceedings.
- Determining the admissibility of an identification lineup where the identification was made without counsel and later affirmed on the witness stand, as addressed in United States v. Wade, 258 S.C. 482 (1972).
Note: The standard to prove incompetence to stand trial is preponderance of the evidence, not clear and convincing. Hall v. State, (S.C. 2004). Several other standards may apply at various points in a criminal case, such as probable cause and reasonable suspicion.
In addition to these uses in criminal court, the clear and convincing evidence standard is used in civil court.
Who Has the Burden of Proof in a Columbia Criminal Case?
In a Columbia criminal case, the prosecution carries the burden of proof. The defendant is not required to prove innocence; instead, the prosecution must meet their burden of proof. The jury reviews the evidence and makes a decision based on that.
Even so, presenting evidence can be critical to a successful defense.
How Defense Attorneys Challenge the Evidence Against You
There are two ways that defense attorneys challenge evidence: by challenging its admissibility and its weight.
Admissibility of evidence
The judge decides what evidence the jury will hear. Evidence must be relevant, making a consequential fact more or less likely. Even when evidence is relevant, there may be grounds to exclude it. Examples of admissibility objections are hearsay and lack of foundation.
Judges rely on rules to determine the admissibility of evidence. Your attorney challenges the evidence by objecting to its admission based on the rules.
Weight of evidence
In addition, your attorney can argue about the weight of the evidence. The prosecutor may tell the jury that the evidence proves guilt. Your defense attorney argues that the evidence is not true, hoping to persuade the jury to understand that there is reasonable doubt.
Why Understanding the Standard of Proof Can Impact Your Case
When you understand the standard of proof, you can prepare your defense. A strong criminal defense may challenge the prosecution at several points in the case, not only at trial. An attorney can assist you at all stages with the applicable standards of proof.
Contact an Experienced Columbia Criminal Defense Lawyer
If you’re facing criminal charges, you need to know how the legal standard of clear and convincing evidence applies. Shealey Law Firm provides aggressive criminal defense representation in Columbia and throughout South Carolina. Call or message us now.