The question for the jury in a criminal trial is not a question of whether the defendant is guilty or innocent, it is a question of whether they are guilty or not guilty. Likewise, when a defendant is arraigned by a judge, the judge does not ask the defendant if they are innocent, they ask if they are not guilty. So, what is the difference between being innocent and not guilty?
We can determine this by examining how the courts approach guilt. Constitutionally, a defendant is given the presumption of innocence and the burden of proof is on the prosecution to prove that the defendant did what he or she is accused of, with the quantum of proof being beyond a reasonable doubt. Thus, what is at issue is not necessarily whether the defendant did what he or she has been accused of. The issue that criminal defense is more concerned with is whether the prosecution can prove the defendant did what he or she is accused of. If the prosecution cannot prove it, then the defendant is not guilty.
I refer to guilt as being in two types: actual guilt and legal guilt. Actual guilt means that you have actually done what you have been accused of doing. And legal guilt means that the prosecution has proved to the judge or jury, beyond a reasonable doubt, that you did what you have been accused of doing. Sometimes someone is actually guilty, but legally determined to be not guilty. And sometimes someone is actually not guilty but has been determined to be legally guilty. The system does not always work perfectly.
How does this happen? Police and prosecutors are not special—they are subject to the same limitations as everybody else. Sometimes they make mistakes. Sometimes they do their jobs poorly. Sometimes they lie. Sometimes they get an idea in their head and it drives the investigation, whether it’s any good or not.
This is why having a good criminal defense attorney is so important. If you are intimidated (or worse) by the police, if you are unsure of your rights, or if you are overwhelmed by the process, you can find yourself of being found guilty of something you did not do. Whether you are actually innocent, or simply not guilty, you need an experienced and knowledgeable defense attorney. You need someone to advise you through the process, to represent your interests in court, and make sure that neither the police or prosecutor are infringing on your constitutional right to a presumption of innocence, or any other important right.
