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What is reasonable doubt, and how can you raise it?

On Behalf of | Aug 14, 2024 | Criminal Defense

Before you can be convicted of a criminal wrongdoing, you must be found to be guilty of the alleged offense beyond a reasonable doubt. That’s a standard that we see and hear a lot in the media, but it can be hard to figure out exactly what it means.

Understanding the prosecution’s burden of proof is crucial in your case, as it can help steer the development and presentation of your criminal defense. That’s why in this post we want to delve a little deeper into the reasonable doubt standard and what you can do to address it in your case.

What is reasonable doubt in a criminal case?

Proving guilt beyond a reasonable doubt means that the prosecution has demonstrated that there is no other reasonable explanation that can be drawn from the evidence presented at trial other than that the accused committed the crime in question. Although this means that the jury has to be significantly convinced to convict an individual, it doesn’t require them to be absolutely certain.

That said, you also don’t have to prove your innocence to obtain an acquittal. Instead, if the jury has genuine uncertainty about your guilty, then an acquittal is warranted. Therefore, as you build your criminal defense, you don’t have to try to disprove every single piece of evidence the prosecution presents against you. You merely have to focus on poking enough holes and raising uncertainty to create reasonable doubt.

How can you raise reasonable doubt in your criminal case?

The specific approach that you take is going to depend on the facts and evidence in your case. However, here are some strategies that might prove beneficial in your circumstances:

  • Submitting contradictory evidence: Presenting eyewitness testimony, expert witness testimony, and documentary evidence that contradicts the prosecution’s evidence can be a powerful way to raise reasonable doubt. At that point, the jury will have to make a credibility determination.
  • Attacking witness credibility: The state’s witnesses may not be as reliable as prosecutors would have you think. If you can find a way to attack the reliability and credibility of these witnesses, then you can significantly damage the prosecution’s case. You might be able to attack witness credibility in your case by pointing out inconsistent statements, a criminal history related to dishonesty, and motivation to testify against you.
  • Leaning into expert testimony: If the evidence in your case has a scientific twist to it, whether it be blood alcohol content analysis, car accident reconstruction, or something like DNA testing or blood spatter analysis, then expert witnesses can be key to your case. Make sure you fully vet your potential expert witnesses before calling them to testify on your behalf so that you know what they’re going to say and how the state may try to attack them. Also, do your homework to learn who the prosecution intends to call as an expert witness so that you that you can prepare effective cross-examination.

Build an aggressive criminal defense to protect your future

Your future and your freedom are on the line when you’ve been charged with criminal wrongdoing. Although that can be incredibly stressful to think about, there are criminal defense strategies that you can implement in your case to reduce your risk of conviction or, if not, at least minimize the potential penalties that you could face.

But to succeed in your criminal defense you need to be proactive in gathering evidence and crafting persuasive legal arguments. If that’s something you’d like to know more about, then be sure to discuss your situation with your criminal defense attorney.