Its been a while since I've posted any new articles, fortunately we've been busy at the law firm but here is an article written by my law partner, Keith Findlay:
As a Albuquerque Criminal Defense Lawyer we are frequently asked what “beyond a reasonable doubt” really
means. Essentially, reasonable doubt is the standard of evidence that applies
in criminal cases (as opposed to a “preponderance of evidence” standard which
is applicable in civil cases).
In order to find someone
guilty of criminal charges, the prosecuting side must convince a jury (or judge
in certain circumstances) “beyond a reasonable doubt” that the person is guilty
of the crime they are charged with. The term “reasonable” gives the evidentiary
standard some leeway, as the existence of doubt itself is not enough to get
away with the committing of a crime. It has to be doubt in the mind of a
reasonable person (i.e. claiming “an alien did it!” would not suffice for a
reasonable person). New Mexico statutes defines reasonable doubt as:
“a doubt based upon reason and common sense - the kind
of doubt that would make a reasonable person hesitate to
act in the graver and more important affairs of life.”
Generally speaking, a person
charged with assault and battery in both a civil (tort) matter and a criminal
matter will have a harder time defending against the civil case because the
standard the evidence must satisfy is lower in civil cases; an example of these
differing standards in action can be seen in the OJ Simpson murder cases. In
the criminal case, he was found not guilty beyond a reasonable doubt and
acquitted, but in the civil case he was found liable for the murder and forced
to pay the family damages under the preponderance of evidence standard.
The rationale behind this
important standard of evidences makes sense as the United States is a country
that is premised on the notion of “innocent until proven guilty.” The other
important consideration is that with criminal charges the stakes are usually
considerably higher because people view life and liberty as inherently more
valuable than the money that is commonly at stake in civil legal actions.
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