Thursday, March 1, 2012

what is "Proof Beyond Reasonable Doubt?"

Some people might think that it is easy to prove "Proof Beyond Reasonable Doubt" when in fact, this is the hardest to prove. This is actually the concept that makes or break a case in court. No matter how much evidence you have against a defendant if there is some shadow of reasonable doubt, an accused cannot be proven and sentenced to guilt. Circumstantial Evidence is the most common type of Evidence that people present in court and this can be proved to be very helpful especially if the Trial Lawyer presents good and solid arguments in court. I hear many people question some court's decision and this is the answer. Most accused aren't proven guilty because of lack of evidence. Although in my own opinion, If a lawyer lacks evidence, he can compensate on this by rebuttals and technicalities. A good argument in Court is always a winner and that will take direct evidence to bring this down. Remember that the slightest cast of doubt to prove a party's guilt is enough to acquit him from charges. I know amazing trial lawyers who can acquit their clients even if guilt is pretty obvious. The thing in court is, one cannot contend that evidence is "pretty obvious" that is not enough, that will never be enough. That's why there are some Legal Practitioners who question the validity of proof beyond reasonable doubt. However, despite various groups disputing this strict requirement of the law, there is nothing one can do really because this is the law and we can't change our laws just like that. It's not as easy as some people think. There are victims who weren't given justice because their perpetrator's guilt wasn't proved beyond reasonable doubt and I see families cry over this strict requirement of the law. A very helpful thing is to experience watching a trial in court. I am sure that you will enjoy as most of it is almost close to watching a Legal Drama series and this can give you knowledge about some of your questions. I even see people clap their hands after a heated argument between lawyers in trial. I have been in Legal Practice for so long now but Trial Drama never fails to amuse me.

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