BEYOND A REASONABLE DOUBT - JOHNSON COUNTY, KANSAS CRIMINAL LAW

If you are facing a criminal charge, in Johnson County, Kansas you may have heard the term guilty "beyond a reasonable doubt". This post will help you better understand that term and how it applies to your pending case.

First, never forget that the prosecutor must prove that you are guilty, beyond a reasonable doubt, of committing a crime. In Johnson County, Kansas and across the United States you are presumed innocent until you are found guilty, and you are not responsible for proving your innocence. 

Second, in criminal cases, the burden of proof is at the highest. That is because your freedom and liberty are at stake. It will help you to understand the other standards of proof:

• Probable cause - there must be reasonable grounds (i.e. reason to believe that a crime was committed). This is the standard police use to arrest you;
• Preponderance of the evidence - this is the standard typically used in civil matters (ex. small claims court), where the proof need only show that the one positions is more likely accurate than the other position (51/49 evidence tip);
• Clear and convincing evidence - is where there is sufficient evidence to convince a reasonable person of the state's position. This is typically used in cases involving parental rights; and
• Reasonable doubt - is the highest standard where no the state must convince the court that a reasonable person believes that you are guilty, based on the evidence presented in court.​

Finally, remember that the jury, at the close of your trial, will be read instructions before deciding your innocence or guilt. Those instructions should remind the jury of the burden the Johnson County, Kansas prosecutor has. Here is some of the verbiage typically used: 
                   "The fact that a criminal charge has been filed against our client does not mean that the charge is true. You must not be biased against our client because of  he/she was arrested, charged with a crime or is now at trial. Our client is presumed to be innocent; therefore, the people must prove his/her guilt beyond a reasonable doubt. That means that you must have an abiding conviction that the charge is true. The evidence need not eliminate all possible doubt, because everything in life has possible or imaginary doubt. However, it is not simply enough to not like my client, to think he/she might be guilty, or think he/she may be probably guilty. If you do not have an abiding conviction, or if you have a doubt, you must find my client not guilty."

We hope this has been informative. If you have more questions about your rights call us today 913.602.7288. We offer payment arrangements and aggressive criminal defense.