Criminal Defense Attorney in Morristown, New Jersey

What does the prosecution have to prove in a New Jersey criminal case?

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Morristown, NJ criminal defense lawyer Blair R. Zwillman explains what the prosecution needs to prove in a New Jersey criminal case. He points out that regardless of the level of court—whether federal, state, or municipal—the standard of proof in a criminal case is always the same. The standard of proof refers to what the prosecutor must demonstrate in order to secure a conviction.

He notes that most people have heard the phrase before, but it carries great weight, especially in a jury trial. The prosecuting authority—whether it is the federal government in a federal case, a county prosecutor or district attorney in a state case, or a municipal prosecutor in a local case—must prove the defendant’s guilt beyond a reasonable doubt.

He emphasizes that “beyond a reasonable doubt” is one of the key jury instructions, repeated multiple times during trial, and especially reinforced at the end when the judge provides legal and factual guidance to the jury. Jurors are told that it is not an imaginary doubt, but rather a doubt based on the reasonable conduct of affairs—the type of doubt that would cause a rational person to question the prosecutor’s case.

Ultimately, if the jury does not unanimously agree that the prosecution has proven its case beyond a reasonable doubt, the judge’s instructions require that the defendant be found not guilty.

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