Our Judicial system is fortified by the concept of “burden of Proof”. The Burden of Proof is a hurdle that must be overcome by one party over another in order to be successful in court. There are several levels of the burden of proof. Each level of the burden of proof is utilize for different judicial processes.
The highest level of burdens is Beyond a Reasonable Doubt. Without surprise that level of proof is utilized in criminal matters. The burden must be overcome by the Crown Attorney. If the Crown Attorney is unsuccessful in overcoming the burden of Beyond a Reasonable Doubt, then the accused will be found not guilty of the charge.
Because Beyond a Reasonable Doubt is the highest levels of proofs and because the burden lies on the Crown Attorney to overcome it, this makes it the strongest card held by Criminal Defense Lawyers in any criminal charge trial.
The Supreme Court of Canada in R. v. Starr elaborated on a way to explain to a jury that proof beyond a reasonable doubt falls much closer to absolute certainty than to proof on a balance of probabilities.
No matter what the criminal charge may be, whether it is murder or simple assault, a criminal defense lawyer may be able to raise doubt in the mind of a Judge or Jury to acquit the accused of the charges before the court.
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