Key Concepts in Criminal Prosecution

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JailCriminal prosecution is to try acts that are in clear violation of the law. Criminal offenses may either be “malum in se” or “malum prohibita”.

The former is for offenses that are innately against morals. On the other hand, the latter is pertains to offenses that are only criminal as stated by the law. How will you defend yourself when you face criminal charges? Here are the key legal concepts that may help you:

Presumption of Innocence

One of the basic rights of any person under prosecution is the presumption of innocence. This is why, notes,criminal lawyers in Houston will defend a person until the very end.

A person is deemed innocent until proven guilty. Due to this right, the burden of proof to show that a person is truly guilty always falls upon the shoulders of the person who alleges.

The Standard of Reasonable Doubt

It is not enough to prove the guilt of a person or his participation in a crime. It is essential that the standard of guilt is that of beyond reasonable doubt. This means that there should be no question as to the guilt of the person undergoing prosecution. If there is even the slightest hint of doubt, a person should not be sentenced guilty.

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A Mind That Is Not Criminal

Another basic maxim in law and in legal prosecution: “when the mind is not criminal, the act is not criminal.” This means that when the person is unaware of his own acts, he cannot be fully responsible for the same. This is true in cases of insanity, or when a person acted against his will.

Faced with pressing charges, it is important that you discuss all relevant facts and all circumstances to your lawyer. A seasoned criminal lawyer will be able to help you build a good defense.