What Are Two Things Needed for the Legal System to Convict Someone of a Crime?

What Are Two Things Needed for the Legal System to Convict Someone of a Crime? thumbnail
The burden of proof rests on the prosecution.

The burden of proof for a criminal conviction lies with the prosecution. All criminal defendants are innocent until proved guilty by the legal system. Since the defendant faces jail time and loses many of his civil liberties, the legal system must prove beyond a reasonable doubt that the defendant committed the crime. For the prosecution to prove a defendant is guilty, the prosecution must meet two requirements.

  1. Criminal Act

    • The first thing the legal system must prove in a court of law is that a crime was committed. Part of this legal requirement is proving that the defendant committed the act in question. To fulfill this legal requirement, the prosecution calls in witness to explain what criminal act was done. It can call investigating detectives to prove that a crime was perpetrated or witnesses to the event that amounted to a crime.

    Intent

    • Intent is the second thing that the legal system must prove in a criminal case to get a conviction. The intent can be accidental, negligent, knowingly or purposely. The prosecution must show that the defendant intended to commit the criminal act even if it was accidental. For example, a defendant being tried for drunken driving can have an accident that harms others. The defendant may not have intended to harm others, but knowingly drove under the influence of alcohol or drugs and caused the accident. Without showing the intent of the defendant, the prosecution does not meet the burden of proof standard.

    Beyond a Reasonable Doubt

    • The "beyond a reasonable doubt" standard basically means that the legal system must prove, without question, that the every act of the defendant was committed by the defendant. The proof provided by the prosecution would make you decide guilty in your own life. A jury member must not have any doubt that the defendant committed the crime to convict the defendant of the crime.

    Criminal Defense

    • The legal system provides the defendant with several protections. These protections include the right to remain silent during questioning, the right to an attorney, the right to question witnesses and the right to trial by a jury of her peers. A defendant who does not have the funds to pay for an attorney will have a defense attorney assigned to him by the court. Some defenses allow the defendant to admit to a criminal act, but claim that he had reason to do so. For example, the defendant committed the crime in self-defense, the defendant was under duress or pressure to commit the crime or the defendant was trapped into committing a criminal act; the last defense is commonly referred to as "entrapment."

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