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    Saturday, September 29, 2012

    The One Witness Case; The Burden is Still the Same

         I have seen the destructive power of a single accusation.  An accusation has the ability to take away an individuals freedom, subject them to the control of the government, confine them without the benefit of due process and destroy an individuals reputation amongst their family, friends, co-workers and within the community they live. All too often I hear judges and prosecutors refer to the "nature of the charges" when asking for or imposing bail on defendants.  More times than not, the bail amount is far greater than the defendant would ever be able to come up with, and far greater than what would reasonably be necessary to ensure a defendant's return to court.  This is just one example of the power one can have over another by simply accusing them of doing something illegal.  In many cases, the accusation might be legitimate, and it might be evident that factually, it is true (regardless of whether or not legally, the allegation can be sustained - an issue for another post).
         So what happens when the accused stands trial where there is only 1 witness?  Can the burden of "proof beyond a reasonable doubt" be met by the testimony of just one witness?  The question is a favorite amongst prosecutors to potential jurors; "If I present one witness to you (often the word "victim" will be substituted for "witness") and you believe their testimony to be credible, can you convict the defendant on the word of just that one witness?"  Invariably many jurors will say "no" thereby prompting the prosecution to challenge those jurors for cause. (A practice tip, if the question is raised but you know that there will likely be more than 1 witness you should object as the question does not fairly or accurately reflect the law of the case)  In reality, a case can be won by the prosecution on the testimony of a single witness, and there are many scenarios where a perpetrator commits their crime with no one else but the victim present.  It is still, however, an interesting question regarding what the burden of proof really is when dealing with a case where only 1 witness testifies against the accused.  How does the standard created by our legal system reconcile (or does it) with the biblical standard of Deuteronomy 19:15 "One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter shall be established." 
         The burden of proof must remain "beyond a reasonable doubt" regardless of whether there is 1 witness or 100.  The question posed by the prosecution, while typically upheld as proper, is a challenge to the constitutional requirement that the government prove their case "beyond a reasonable doubt".  While the phrase is relatively subjective (even though there is instruction given to the jury as to what the term means), it does indicate that there is a high standard, or heavy burden that must be met before an accused can be convicted.  Looking at this issue from an ordinary citizens perspective, the damage that is done by a simple accusation pales in comparison to the damage that will be done if you are convicted after trial.  Anyone can be accused.  I have seen police officers, prosecutors, defense attorneys, judges, doctors, fathers, mothers, be accused of of all sorts of crimes.  The protections afforded to criminal defendants in our system of justice should never be taken lightly, even if the "nature of the charges" are bad or the person being accused is not someone you would sit at the dinner table with.  Any prosecutor will tell you that a 1 witness case, especially one that involves a terrible allegation, is the toughest to handle.  Any defense attorney will tell you that representing a client in a 1 witness case in which the client is truly innocent is a difficult case to handle.  But the rules do not change or bend.  The system is supposed to be set up to protect the accused from injustice while the prosecution seeks justice.  Without that important check, justice could not be done.  

    I welcome your comments or thoughts.

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