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 always remember that the person on trial does not need to prove their innocence in any way. However, it is in their best interest to carefully explain why they are not guilty. They can provide any substantial evidence or alibi that their lawyer believes will help the case. Attorney David Serna thinks that understanding the principle of the burden of proof is not enough to make exceptional lawyers. They also need to learn the two concepts that comprise this fundamental principle. The burden of proof consists of two distinct but related concepts: the burden of production and persuasion.

 

What is the burden of production?

The burden of production describes a party’s obligation to produce sufficient evidence to support a particular fact. Attorney David Serna reminds lawyers that determining the satisfaction of burden of production is an issue of law, not an issue of fact for the jury. It means that the state can only satisfy the burden of production by producing sufficient evidence on an issue and have it decided by the factfinder, rather than resolved against the party in a directed verdict, motion for summary judgment, motion for judgment as a matter of law.

 

What is the burden of persuasion?

On the other hand, the burden of persuasion describes a party’s obligation to provide evidence that convinces the factfinder that a particular fact is true to a requisite degree of belief. Attorney David Serna reminds lawyers again that the prosecution’s burden should be beyond a reasonable doubt in criminal cases. 

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