David Serna Explains A Criminal Law Principle: The Burden of Proof
Nationally-recognized criminal attorney David Serna believes that it is essential for law enforcement officials to go back to the basics - the four fundamental criminal law principles. Doing so will help them treat everyone fairly and respectfully. One of these principles is the burden of proof , an important reminder for the prosecutors. What is the principle of the burden of proof? The burden of proof is a legal duty that encompasses two connected but separate ideas that apply to establish the truth behind the trial’s facts. In a legal dispute, law enforcement always initially presumes that one party is correct while the other carries the burden of establishing the truth of facts by providing evidence. Under the principle of burden of proof, Attorney David Serna reminds lawyers that whoever is prosecuting the accused should provide evidence persuasive enough to prove their guilt beyond a reasonable doubt. Attorney David Serna also believes that lawyers should ...