Legal Question in Criminal Law in New York
why is a criminal verdict expressed as "not guilty" instead of "innocent"?
Asked on 7/15/10, 5:34 am
1 Answer from Attorneys
Benjamin J. Lieberman
Lieberman Law Firm PLLC
In a criminal case the burden of proof that a crime has been committed by a specific individual lies with the prosecutor. The burden of proof is beyond a reasonable doubt. Often time a defendant may prevail at trial and receive a verdict of NOT GUILTY simply because the prosecution could not meet their burden. On other occasions a defendant may prevail on a technicality. There are a multitude of reasons that a defendant might win that has no real bearing on whether or not the defendant committed the crime and is actually innocent. As such, a verdict in the defendant�s favor would only be Not Guilty.
Answered on 7/15/10, 12:31 pm