The criminal defense needs only create reasonable doubt, not prove its own facts.
Evidence
Once the prosecution has completed the presentation of its case, the defense may introduce its own evidence. In a criminal case, in which the prosecution must prove guilt beyond a reasonable doubt, the defense need not prove its own version of the facts; it need merely create reasonable doubt about the prosecution’s version. Skillful defense attorneys will already have begun to sow such doubts during their cross-examination of the prosecution’s witnesses and will continue to do so by offering physical evidence, testimony of defense witnesses, or both. — G. Alan Tarr, Judicial Process and Judicial…, 853
Categorization
- DEFINE: Specifies the burden of proof meaning: defense need merely raise reasonable doubt.
- XREF: connects to: Civil plaintiffs need only show a claim is more likely true than not. — , Harr Jonathan - A Civil Action , 1301; Litigation needs sufficiency, not truth, to proceed — , Harr Jonathan - A Civil Action , 976; A plaintiff’s own words about lacking proof become ammunition against the case. — , Harr Jonathan - A Civil Action , 418
Broader Connections
- Civil plaintiffs need only show a claim is more likely true than not.
#qualifies(0.78) — , Harr Jonathan - A Civil Action, 1301 - Litigation needs sufficiency, not truth, to proceed
#expands(0.75) — , Harr Jonathan - A Civil Action, 976 - A plaintiff’s own words about lacking proof become ammunition against the case.
#complicates(0.72) — , Harr Jonathan - A Civil Action, 418