Factors in Judicial Decision-Making

Discussion: The Significance of Burden of Proof in Criminal Justice

Various factors are considered when deciding criminal proceedings. In my opinion, I believe the burden of proof is the most important when making decisions and issuing sentencing to convicted suspects. The burden of proof is described as the standard that a party in court seeks to prove a fact or evidence to satisfy that activity occurred or did not occur (Carp, Stidham & Manning, 2014). There is nothing that can go on in courts if there are doubts on whether a suspect has committed a crime or not. For instance, if a suspect says that he did not murder a victim, he is levied with the burden of using evidence to prove that surely he did not engage in the same (Garoupa, 2017). Likewise, the prosecution must provide proof that a suspect committed a crime, then they must provide evidence such as witnesses to testify the same.

One of the reasons I believe the burden of proof is the most important is that it leads to the truth by establishing facts. In courts, judges depend on truth to make informed decisions, and the truth can be established on the level and the intensity of evidence provided (Garoupa, 2017). For instance, a person cannot say they were raped, yet medical examinations prove that they were not, and the evidence provided by the suspect strongly proves that he could not have been at the crime scene when the incident occurred (Carp et al. 2014). Judges who do not prioritize the burden of proof end up releasing people who should be jailed or sentencing innocent people. However, one disadvantage significantly associated with the burden of proof is planted evidence or well-planned crimes because it becomes hard to establish a case's facts. Many well-executed crimes have lacked evidence despite a strong belief that a suspect committed a crime.

References:

Carp, R. A., Stidham, R., & Manning, K. L. (2014). Judicial process in America (9th Ed.). Washington, D.C: CQ Press.

Garoupa, N. (2017). Explaining the standard of proof in criminal law: A new insight. Supreme Court Economic Review, 25(1), 111-122.

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