GENERAL CRIMINAL FAQS
What does it mean to prove guilt "beyond a reasonable doubt?"
The Assistant State Attorney must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove their case only by “a preponderance of the evidence” -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the Assistant State Attorney, a defendant's most common defense is often to argue that there is reasonable doubt, such that, that the prosecutor has not sufficiently proved that the defendant is guilty.
If I'm accused of a crime, am I guaranteed a trial by a jury?
Yes. The Sixth Amendment to the U.S. Constitution gives a person accused of a crime the right to be tried by a jury. In Florida, this right has long been interpreted to mean in most criminal cases a 6-person jury, with one alternate juror, that must arrive at a unanimous decision to convict or acquit. The potential jurors must be selected randomly from the community, and the actual jury must be selected by a process which allows the judge and lawyers to screen out biased jurors. In addition, a lawyer may eliminate several potential jurors simply because he feels that these people would not be sympathetic to the defendant’s case. However, these decisions may not be based on the juror's personal characteristics, such as race, sex, religion, or national origin.
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