To convict a criminal, a lawyer has to prove them guilty so there is no reasonable doubt. The accused party will generally go with how they are not guilty or did it in self-defense; this means that the opposing party’s case should be stronger and their argument flawless. The prosecutor has to follow a few simple steps to ensure that the convict is proven guilty.
Some of the traits a prosecutor can find in the court include the following:
Presumption Of Being Innocent
Legally, everyone is innocent until proven guilty. Whether it is by trial or plea, until the point of conviction, a person is innocent. This means that the persecutor has to work on proving how the defendant is guilty rather than letting the defense proving his innocence. A defendant simply remains silent and presents no witnesses, then argue that the prosecution was unable to form a strong enough argument to prove their guilt. However, defendants can provide their own witnesses so they fight against what they have been charged with.
Beyond Reasonable Doubt
A Prosecutor has to convince the judge and jury of the defendant’s guilt “beyond reasonable doubt.” This requires that the jury – in some cases, the judge – are assured, beyond a doubt, that the defendant is guilty of the crime they have been charged with. Because this is such a heavy responsibility, it is not enough that defense attorneys press upon juries so that they think the defendant committed the crime. They need a more solid argument.
An alibi means that there is evidence that the suspected defendant was somewhere else when the crime was committed. This is an important piece of evidence and can quickly wrap up a case even before it reaches the courts. All the accused person has to do is tell the authorities and his attorney where he or she was during the time of the crime. If their alibi holds strong, especially through witnesses, the case is dismissed.
What Else Do Prosecutors Have to Do
Other than those listed above, there are also other things that defendants can plead to. They range from and include:
- Self Defense
- Temporary Insanity
- Under influence or alcohol or drugs
All of these are attributed to the circumstances, taking the blame away from the intent of the defendant. Often, these can be false claims and it is the job of the prosecutor to prove them so. It is not uncommon for men and women to lie to their lawyers or for the defendant’s attorney to advise them on taking one of these pleas. This will get them either a lighter sentence or, if they are lucky, get off unscathed.
If you are facing criminal charges or if someone you know is, then you need to get in touch with a lawyer to better understand what to do. The processes mentioned above are only a small percentage of how much goes on inside a court room, so getting the right attorney is crucial.
Iona Carby has helped many legal aides and paralegals when it comes to criminal law. The justice system has been studied by this former lawyer. To know more about legal matters, consult this website.