No Trial Is Certain
Brian O Sutter
Accident Lawyers
Personal Injury
There’s a common misconception held by the general public that a trial doesn’t happen unless the defendant is guilty (or at fault in civil cases) and thus when a case is ruled not guilty or not at fault it’s a miscarriage of justice. However, very few cases that make it to open court are so certain thanks to the variety of ways a case can resolve without getting that far, and ultimately the reason why courts exist in the first place is because the truth isn’t always certain.Innocent Until Proven Guilty
That particular phrase exists as part of the American court system because the alternative, “guilty until proven innocent,” was the established method in criminal cases held by British courts back before the Revolutionary War. And that phrase was more than just a different way to arrange the words – the change in philosophy has to do with who bears the burden of proof.
The idea is that if a case is brought to trial under the “innocent first” philosophy then it’s up to the prosecution to show beyond a reasonable doubt that the defendant is guilty of the crime. If they can’t, then the judge and jury must assume that the defendant is not guilty.
On the other hand, a “guilty first” system will make it the defendant’s responsibility to prove that the case against him or her is unfounded, and if there isn’t enough evidence to say for sure one way or the other then the court must assume that the defendant is guilty.
While the police are usually more careful about bringing charges against someone in the second type of system, America’s Founding Fathers decided that it was a greater crime to lock up an innocent person than to let a guilty one go free, which is why our system stands the way that it does. And while guilt and innocence may be criminal terms, it’s also true that the burden of proof in American civil cases rests with the plaintiff rather than the defendant.
Trial Alternatives
Beyond the way the burden of proof changes the dynamic of court cases, the fact is that there are also many ways for a case to end before it reaches the trial phase, and if the evidence is clearly in favor of one side or the other then it generally will.
Before any trial can begin, a case will go through an extended discovery period in which both sides gather evidence and then present their evidence to the other side so that they can form a reasonable defense against it. Not only does this make things fair for if a trial actually happens, it also gives both sides the ability to realize whether or not they will have a chance in front of a jury.
Conducting a trial is generally the most expensive option for both sides in a civil case. Not only are defense lawyers paid a regular sum for however long a case remains open (and so going to trial means that the case has been open for the longest possible period), but personal injury and other plaintiff lawyers usually demand a larger percentage of the settlement in such cases. Court fees may also go up. Even state prosecution lawyers are often encouraged to end cases as quickly as possible.
Thus, if a case actually does go to trial, it’s usually because the truth is unclear and the added cost is worth letting a jury decide – that or one of the two sides is being unusually stubborn. Even so, however, our courts are designed to make sure the defendants are given the fairest possible treatment since it’s their lives and livelihoods on the line, and the public should be willing to give them the same benefit of the doubt.
On the other hand, if you find yourself injured by another party, whether by negligence or malice, then you should be ready to contact a good personal injury lawyer. If you live in Sarasota or Charlotte counties in Florida, than the best law firm to call is the All Injuries Law Firm. The burden of proof may rest with the plaintiff, but we’ll do our best to make sure you get the compensation you deserve.