Presumption of Innocence

The presumption of innocence is a fundamental legal principle in criminal law that asserts that a person is considered innocent until proven guilty. This means that the burden of proof is on the prosecution to demonstrate the defendant’s guilty beyond a reasonable doubt, rather than the defendant to prove his or her innocence. This principle is crucial for ensuring fair trials and protecting the rights of individuals accused of crimes. It is the cornerstone of the American judicial system.

In Minnesota a defendant is entitled to a jury trial wherein the prosecutor has to prove to the jury that the defendant is guilty beyond a reasonable doubt. Felony charges require that all 12 jurors unanimously agree that a defendant is guilty before he or she can be found guilty. For misdemeanor and gross misdemeanor level charges the jury consists of 6 jurors that must all unanimously agree that a defendant is guilty before he or she may be found guilty. If one juror doesn't believe the prosecutor has proven the defendant is guilty beyond a reasonable doubt, then the defendant is acquitted and found not guilty.

 

Let’s review an example of a common scenario of domestic assault of a he said she said and how it applies to the presumption of innocence.

 

There were only two witnesses to the alleged domestic assault incident: the alleged victim who is the ex-girlfriend, Sally, and the defendant James. There were no physical injuries done to Sally, but Sally reported to law enforcement that James threatened her with bodily harm, was very angry with her, and that she feared he was going to injure her.

 

James is charged with domestic assault and maintains that he is innocent and that his crazy ex-girlfriend is making up her story to retaliate at him for leaving her.

 

An experienced criminal defense lawyer uses the presumption of innocence and proof beyond a reasonable doubt standard to persuade the jury. He does this by showing the errors, uncredible witnesses’ testimony, and lack of sufficient evidence of the prosecutor’s case.

 

An experience criminal defense lawyer uses standards of proof that show the prosecutor hasn’t met the burden to overcome the defendant’s presumption of innocence. Review the graphic below to see the steps of persuasion that a defense attorney can argue that the prosecutor hasn't proven beyond a reasonable doubt the defendant's guilt.

It is maybe true that Sally is credible and telling the truth that James threatened to beat her up and to cause her fear of being beat up: that means the jury must return a not guilty verdict.

It's possible Sally was telling the truth about what happened: that means the jury must return a not guilty verdict.

It's highly likely Sally was telling the truth about what happened: that means the jury must return a not guilty verdict.

There are strong suspicions that James intended to scare Sally enough that he committed domestic assault: that means the jury must return a not guilty verdict.

(C) Kotten Law Firm 2024