What’s the Burden of Proof in Criminal Cases?

Facing criminal charges in California can be an immensely stressful situation, especially if you’re unfamiliar with how the justice system works. One of the most important legal concepts to understand is the burden of proof. This standard determines how much evidence the prosecution must present to secure a conviction.

In criminal law, the burden of proof rests almost entirely on the state. Prosecutors must prove the defendant’s guilt “beyond a reasonable doubt.” This is the highest legal standard in the United States, reflecting the idea that it is better for guilty people to go free than for an innocent person to be wrongfully convicted.

What Does “Burden of Proof” Mean?

The burden of proof refers to which party must prove or disprove an allegation in court and to what degree. In California criminal cases, the prosecution bears this responsibility. The defendant does not have to prove their innocence.

Instead, the state must prove every element of the crime charged. For example, if someone is accused of burglary, the prosecution must show that the defendant entered a building and intended to commit theft or another felony once inside. Each element of the crime must be established with strong evidence.

Beyond a Reasonable Doubt

The phrase “beyond a reasonable doubt” is central to California criminal trials. It means that after considering all the evidence, the jurors must have no reasonable uncertainty about the defendant’s guilt. If any reasonable doubt exists, the jury is instructed to return a verdict of not guilty.

This standard is intentionally strict. Unlike civil cases, which only require a “preponderance of the evidence” (more likely than not), criminal cases carry penalties that can strip someone of their freedom. That’s why the law requires jurors to be nearly certain before convicting someone of a crime.

Presumption of Innocence

Tied closely to the burden of proof is the presumption of innocence. In California, as in the rest of the country, defendants are presumed innocent until proven guilty. This presumption protects defendants from having to prove their own innocence.

The prosecution cannot rely on suspicion, bias, or incomplete evidence. Instead, it must present clear and convincing facts. If it fails, the presumption of innocence requires the jury to acquit the defendant.

Shifting the Burden in Limited Situations

While the state carries the burden of proof, there are narrow circumstances where a defendant may need to raise evidence of a defense. For example, if the accused claims self-defense, they may have to provide some supporting evidence.

However, even in circumstances like these, the prosecution still has the ultimate burden of proving each of the legal elements of the charges in question. 

Jury Instructions on the Burden of Proof

California juries are given specific instructions about the burden of proof. Judges explain that jurors must acquit themselves if there is any reasonable doubt about guilt. The instructions clarify that proof beyond a reasonable doubt does not mean absolute certainty but requires more than speculation or suspicion.

Jurors are also reminded that a lack of evidence can be just as important as the presence of evidence. If the prosecution fails to present enough proof, the jury must find the defendant not guilty.

Examples of the Burden of Proof in California Criminal Cases

For example, suppose there is a DUI case in San Diego, California. The prosecution must prove that the defendant both:

  • Drove a vehicle; and
  • Was under the influence of alcohol or drugs at the time.

If the defense can show that the chemical test was improperly administered or the officer lacked probable cause for the stop, that may create reasonable doubt. The state cannot meet its burden without reliable evidence on both elements.

In a theft case, prosecutors must prove that the defendant intended to deprive someone of their property permanently. If the evidence shows only that the defendant borrowed and returned an item, the prosecution may fail to meet its burden.

Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers for a Free Consultation

If you’re facing criminal charges in California, the burden of proof is one of the strongest protections you have. Prosecutors must prove every element of the crime beyond a reasonable doubt, and if they cannot, you should not be convicted.

An experienced San Diego criminal defense lawyer can analyze the prosecution’s evidence against you and build a defense strategy tailored to the unique facts of your case in response. Do not try to navigate the system alone when so much is at stake. 

Contact Blair Defense Criminal Lawyers at (619) 357-4977 to arrange a free consultation with a San Diego criminal attorney.