Burdens of Proof in Criminal Court and Civil Court in the Carolinas

In a criminal case, the prosecution has the burden of proof to show “Beyond a Reasonable Doubt” that the defendant is guilty of committing the crime as charged. The “State” is represented by the prosecutor or solicitor, depending upon the jurisdiction, whether it be in Charlotte in North Carolina (the Prosecutor / District Attorney) or in Rock Hill, South Carolina in York County (the Solicitor).

The “State” is required to prove each and every element of the offense “Beyond a Reasonable Doubt.” That is their “burden” or “burden of proof.” Under the criminal laws and US Constitution, the person facing allegations of criminal charges is presumed innocent. They are allowed, but not required, to present evidence. As such, the State carries the burden to overcome the presumption of innocence.

The only presumption in criminal court, from the beginning of the trial until the end of presentation of evidence, is that the Defendant is “not guilty” and did not commit the crime as alleged. Only after the jury is instructed as to the legal standards of proof and the criminal laws at issue, may the jury begin their deliberations. Until a jury in a criminal trial is given the relevant law and jury instructions, the presumption of innocence remains.

Proof Beyond a Reasonable Doubt is generally proof that “fully satisfies or entirely convinces” a judge or jury the person accused of criminal charges is in fact “guilty.” In some criminal legal matters, the “finder of fact” is a judge, rather than a jury.

Proof Beyond a Reasonable Doubt is not a vain or fanciful doubt. It does not mean proof beyond any or all doubt. It is doubt predicated on common sense, reason, and life experience. At the same time, it is also something more than just reasonable doubt. It’s “beyond” reasonable doubt.

It is the highest legal standard, reserved solely for criminal charges in both State Court or Federal Court, misdemeanor or felony criminal cases.

Proof Beyond a Reasonable Doubt means there is no other logical assumption from the facts other than the defendant is guilty of the crime for which he or she is accused. That is, no dispute exists as to the defendant’s guilt and no other reasonable alternative or explanation can be derived from the facts except for guilt.

Criminal charges change lives. Depending on the nature and circumstances (and severity) of the criminal charges, people can be deprived of their “liberty.” That means they can go to prison or serve jail time if convicted. The stigma associated with being convicted of a felony or misdemeanor is often indelible.

As such, before taking away a person’s liberty and potentially their life (death penalty cases), our legal system and society demands the exacting standard of proof is met by the prosecution (the State).