Reasonable Doubt in a Criminal Case

When you’re hoping for a not guilty verdict, you are typically a defendant who is relying on their attorney to create reasonable doubt in the minds of the jury. What does that entail?

Understanding Reasonable Doubt 

The burden on the prosecutor is to present proof of your guilt beyond a reasonable doubt. In other words, the jury must be pretty decisively convinced that you are guilty. Any doubts in the minds of the jurors must be grounded in common sense and reason, not mere speculation. It can be founded on evidence, or the lack thereof, that has been carefully and impartially weighed. Short of finding reasonable doubt, a jury must find you guilty. What does that mean for your defense attorney?

Creating Reasonable Doubt 

Again, it’s important to note that the law considers you innocent until proven guilty, and the burden of proof is on the prosecutor. Reasonable doubt is a very high standard, intended to protect innocents from wrongful conviction. That being said, any defense attorney worth their salt will attack the prosecution’s case on multiple levels in order to create reasonable doubt.  Some strategies might include:

• Pointing out procedural errors made by police: That might include things like conducting an unlawful search, failing to Mirandize you, or mishandling evidence, for example.
• Highlighting inconsistencies in the prosecution’s case: Issues such as conflicting witness statements or ways in which various evidence sends conflicting messages can be important red lights for jurors.
• Challenging witness credibility: Pointing out a witness’s criminal history, potential biases, or hidden motivations that might influence their testimony could damage their reliability in the eyes of jurors.
• Emphasizing issues with the analysis of the evidence: Bringing in expert witnesses who interpret the evidence differently or who might create doubt as to the soundness of the analysis or the science behind the technology can be quite powerful.
• Underscoring the lack of convincing evidence provided by the prosecution: Showing the jury that the prosecution has not met its burden of proof.
• Providing a strong alibi for you: Helping the jury to understand how and why you could not have committed the crime.
• Offering an alternate theory of the case that makes sense to the jury: This might include providing different timelines, suspects, or motivations that seem plausible.

Goals 

In the best-case scenario, the jury will deliver an acquittal, and you can go on with your life.  Other possible scenarios that could arise after the defense presents a strong case in your defense include:

• The judge could decide that the prosecution simply cannot meet the high burden of proof, and could dismiss the case before it ever gets to the jury.
• The prosecution could sense a shift in the jury toward the defense, and offer a favorable plea deal for you to consider.

Lobo Law Fights for You 

The tough, experienced Las Vegas criminal defense attorneys at Lobo Law always go to court prepared to battle it out for the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.

Source:

ce9.uscourts.gov/jury-instructions/node/338