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In a criminal case, the prosecution must prove the defendant’s guilt. You might be wondering, What is the burden of proof in a Columbia, SC criminal case?
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explains what the burden of proof is in a Columbia, SC, criminal case.
What Does “Burden of Proof” Mean in a Criminal Case?
The burden of proof in a criminal case refers to how strong the evidence must be of the defendant’s guilt. It’s the legal standard used to decide whether the defendant should be found guilty or not guilty.
The prosecution doesn’t win just by claiming that the defendant is guilty. The prosecution must prove it.
The burden of proof and due process rights
In South Carolina and throughout the United States, when a person is charged with a crime, they have important rights. They have the right to a fair criminal process. The burden of proof is part of the right to due process when facing criminal charges. See Victor v. Nebraska, 511 U.S. 1 (1994).
Who Bears the Burden of Proof — the Prosecution or the Defense?
The prosecution has the burden of proof in a Columbia, SC, criminal trial. The defendant does not have to prove their innocence.
In theory, the defense could sit back during the trial, not call any witnesses, and not enter any evidence. Then, they could argue that the prosecution failed to prove their case. They could ask the jury to find them not guilty because the prosecution hasn’t proven the case.
Your lawyer can evaluate your case and prepare a defense strategy. But because the prosecution has the burden of proof, the defense doesn’t have to prove their innocence. The prosecution’s failure to prove the case should be enough for a not-guilty verdict.
What Does “Beyond a Reasonable Doubt” Actually Mean?
Beyond a reasonable doubt means that the evidence leaves the jury firmly convinced of the defendant’s guilt.
The South Carolina jury charges say that reasonable doubt means its plain and ordinary meaning. Reasonable doubt is a real possibility that the defendant is not guilty.
(See State v. Manning, 305 S.C. 413, 417, (1991), telling courts to tell jurors to give the term beyond a reasonable doubt its plain and ordinary meaning.)
How Is Reasonable Doubt Defined in South Carolina Courts?
The South Carolina jury charges say that beyond a reasonable doubt does not mean with absolute certainty. But if the jury is firmly convinced of the defendant’s guilt, they must find the defendant guilty.
In a civil case, the jurors decide what’s true more likely than not. The plaintiff in a civil case must show by a 51% margin that their side of the story is more likely to be true. Beyond a reasonable doubt is a much higher standard.
What Happens If the Prosecution Fails To Meet the Burden of Proof?
The prosecution must prove every element of a case beyond a reasonable doubt. If even one element lacks sufficient proof, the jury should find the defendant not guilty.
For example, say a person is charged with possession of an illegal substance. The state must prove that the drug was illegal and that it was in the person’s possession. But while the police were building their case, errors in testing the substance compromised the test results. Even if the person admits to possessing the substance, failing to prove that it was illegal means the state failed to prove its case.
How a Columbia Criminal Defense Attorney Uses the Burden of Proof in Your Defense
In preliminary proceedings
Even before trial, your attorney may ask the prosecutor to dismiss the charges for lack of proof. They may ask the prosecutor to make a favorable plea offer by pointing out where the state may be unable to prove the case beyond a reasonable doubt.
At your trial
Your attorney may argue to the jury that the prosecution has not met their burden of proof. They may strategically question evidence to demonstrate a lack of proof beyond a reasonable doubt.
Directed verdict
The defense may ask the court for a directed verdict. The court considers only the existence or non-existence of evidence, rather than its weight. If the court agrees that the evidence doesn’t meet the burden of proof, it may summarily dismiss the charges.
Jury charges
Jury charges are instructions to the jury about how to decide the case. A Columbia criminal defense attorney ensures that the court properly instructs the jury so they understand the burden of proof.
(See Cage v. Louisiana, 498 U.S. 39 (1990), where the U.S. Supreme Court found that the trial court’s jury charge impermissibly diminished the burden of proof.)
Charged with a Crime in Columbia? Here’s How Our Columbia Criminal Defense Lawyers Can Help
If you’re charged with a crime in Columbia, SC, the Shealey Law Firm defense attorneys can protect your rights. We understand the criminal burden of proof. Our lawyers can challenge the evidence and fight for you.
If you are facing charges in the Richland County General Sessions Court, the City of Columbia Municipal Court, or a U.S. court in South Carolina, please contact us. Talk to a lawyer about the burden of proof in a criminal case, and get legal help today.