Call Now for an Appointment
with an experienced Criminal Defense Lawyer
in Eugene, Oregon
541.345.4500
Call Now for an Appointment
with an experienced Criminal Defense Lawyer
in Eugene, Oregon
541.345.4500
Sometimes someone falsely accuses a person of a horrible (fill in the blank – sex crime, sexual assault, domestic abuse, child abuse) for no apparrent reason. It’s important to remember two things:
1. There are crazy people in this world that do not appear crazy. Consider the German pilot that decided to kill 150 people for no apparent reason.
And,
2. The defense never has to prove anything – including motive.
The Oregon Uniform Criminal Jury Instruction on the burden of proof standard in a criminal case is set forth as follows:
“INNOCENCE OF DEFENDANT—
PROOF BEYOND A REASONABLE DOUBT
“The defendant is innocent unless and until the defendant is proven guilty beyond a reasonable doubt. The burden is on the state, and the state alone, to prove the guilt of the defendant beyond a reasonable doubt.
“Reasonable doubt is doubt based on common sense and reason. Reasonable doubt is not an imaginary doubt. Reasonable doubt means an honest uncertainty as to the guilt of the defendant. You must return a verdict of not guilty if, after careful and impartial consideration of all the evidence in the case, you are not convinced A/B that the defendant is guilty.
____________________
“A beyond a reasonable doubt
“B to a moral certainty”
This is the highest standard of proof we use in the law.
While a lack of motive for someone to falsely accuse another is troubling, the defense as no duty, obligation or burden to establish while an accuser is lying.
Call the Duvall Law Office to schedule an appointment. Just because you are not required to prove a motive, doesn’t mean that we won’t look hard to try to discovery the motive of a witness or alleged victim who is falsely accusing one of our clients.
Call Now for an Appointment
with an experienced Criminal Defense Lawyer
in Eugene, Oregon
541.345.4500