The prosecution must prove, beyond a reasonable doubt, about the guilt of the accused whereas the defense only needs to create doubt to prove that their not guilty. The courts can’t decide on the innocence of the defendant. It can only determine a case according to the law whether a defendant is criminally liable for their actions. The legal system does not presume to know all, so it can’t make a decision to a certainty. In cases when the defendant is innocent of the criminal charges, why not enter a plea of “innocent” instead of “not guilty”?Īlthough every defendant is considered innocent before proven guilty, “innocent” has never been a plea in a criminal trial. Why is it “Not Guilty” Instead of “Innocent” in Court? When an acquittal is declared, the prosecution may not be able to appeal the decision. An argument from the defense may be made that the prosecution failed to meet its burden of proof that the evidence was not compelling enough to result in a guilty verdict. Is acquitted the same as being declared “not guilty”? When a jury or judge hands a “not guilty’ verdict, it’s an acquittal.Īn acquittal may also take place when a judge sets aside the jury verdict for lack of evidence or failure to follow the letter of the law. The defense team must meet either concept when entering an affirmative defense to secure an acquittal.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |