When you commit a crime, there are consequences. And the consequences may not all be criminal in nature. If you hurt someone in the commission of a crime, you may be liable to the state for the crime and also liable to the victim for the civil damages. A victim or their surviving family may have the right to file a personal injury lawsuit to recover their compensation for injuries suffered by you.
There’s nothing that indicates you cannot be charged with the crime and sued simultaneously. Although they might involve the same behavior or action, civil and criminal cases are distinct and separate. You may win one case and lose the other. That frequently may happen because the burdens of proof in civil and criminal cases are different. This post will define what a burden of proof is and detail the distinctions burdens of proof have in criminal cases.
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What is a Burden of Proof?
A burden of proof is the standard by which a party bringing a civil or criminal case must be proven. Civil cases generally have the lower standards of proof at trial as compared to criminal cases. In a criminal case, all of the major elements of a crime must be proven “beyond a reasonable doubt”. This standard, so commonplace on TV legal dramas, has been developed over centuries of legal jurisprudence.
However, it essentially means that the government must demonstrate that the evidence proves guilt to a degree that no reasonable person would doubt it. While this standard is high, it is important to remember that it does not mean the absence of doubt, but rather the absence of reasonable doubt.
The “beyond a reasonable doubt” standard is the highest standard in all of American law. This is because in a criminal prosecution, a person’s liberties, sometimes even their life, is at stake.
Shifting the Burden
In criminal cases, since the state is seeking to deprive a defendant of rights, the burden of proof is on the government. Regardless, at some points in a criminal case, the burden may switch to the defendant. For example, take the case of an affirmative defense. An affirmative defense is a claim by a defendant that even if he or she did commit the act, that there was a proper justification for doing so.
Once a defendant claims an affirmative defense, the burden to prove that defense shifts to the defendant. Although, the burden of proof for such defenses is not likely to be as high as for the prosection.
One of the most common affirmative defenses is self-defense. In a violent assault or murder, the defendant may claim self-defense and that he was justified in killing the victim. The burden to prove this claim is understandably on the defendant.
Other Affirmative Defenses
In addition to self defense, there are a number of affirmative defenses commonly asserted in criminal cases in the United States. These affirmative defenses include: the insanity plea, necessity, intoxication, or duress.
The standard of proof applied by the court will depend on the nature of the affirmative defense and any local rules or regulations that may apply. Different jurisdictions have different laws that govern criminal trials and which standards are to be employed.
Regardless of the criminal charges you or your loved one is facing, the prosecution will have to prove each element of each crime to a jury beyond a reasonable doubt. This high standard is a bulwark of American jurisprudence and protects the freedom of everyone in the country.
However, prosecutors have large offices with fully-equipped staff. They can mount significant prosecutions to meet their burdens of proof. You need a talented and experienced team on your side to counter that. Reach out to t a criminal lawyer in Philadelphia and start taking the steps to protect yourself today.
An experienced criminal defense attorney can put you in the best position to disprove the state’s case at each element. Further, your attorney can help you present any and every affirmative defense that you might be able to rely on Protect yourself, your family, your future and your freedom today.