How do you prove that a person is not guilty?

Answer 1

If a person is accused of a crime, the state has the burden of proving that the person is guilty. The person can present evidence to negate the evidence provided by the state.

The particular evidence to establish that a person is innocent depends on the crime being charged, and the facts surrounding. Probably the most common method of doing this is to provide alibi evidence. That is, to prove that the defendant could not possibly have committed the crime, because they were elsewhere at the time. If the defendant wishes to assert this evidence, he will probably call a witness that was present with him, and have this person testify about being with the defendant during the time of the crime.

Answer 2

Answer 1: Assuming you're talking about a criminal matter, then the at least technical/theoretical answer is that you don't need to. In the United States, a person is presume innocent until and unless proven guilty. And so the burden is on the state -- the prosecutor -- to prove that you committed the crime. Theoretically, you needn't prove anything.

However, in reality, a person charged with a crime quite often needs to prove that what the prosecutor claims is evidence of the crime really isn't; or that it's bad evidence; or that it was improperly or illegally obtained. Absent those kinds of things, it's actually quite possible for an innocent person to be found guilty, and to go to jail or prison.

The question is nowhere near detailed enough to offer specifics, so there's not a lot more than that that I can say...

...except for this very important advice: GET A LAWYER if you've been accused of or charged with a crime. Never try to defend yourself; and never go to court without your lawyer present. If you cannot afford a lawyer, the court must appoint one for you. Always, always, always have a lawyer to ensure that your rights are not violated, and to provide you with a proper defense, no matter how seemingly small the crime. Never try to prove yourself innocent of anything. Always get a lawyer. Always.

Addendum:While criminal defendants in the US are presumed innocent until proven guilty, this is pretty much theory only. Anyone who has faced prosecution can surely attest to this. The system, as it is, has developed in such a way to be stacked against defendants. In many cases, perhaps most, getting an acquittal is an uphill, against the current, swimming with an anchor battle.

Consider that "If you cannot afford an attorney, one will be appointed for you," means that you are likely to get a lawyer who has no real interest other than completing his required Pro Bono time. He is not being paid. He has no direct interest in your guilt or innocence, and even if he is able to secure an acquittal, you are still not innocent; you are only "not guilty." A lot of landscape exists between the two conclusions.

The best hope you have, is to so completely provide evidence of your innocence even before the case comes to trial. Once there, the odds are in the prosecutor's favor, especially regarding certain charges, that getting an acquittal is perhaps a 20% possibility at best.

And, in the event that you are able to beat the odds and secure an acquittal, you have no recourse against the courts. In the event of the "struck by lightning" odds of gaining a mistrial or even lesser odds of a dismissal, you still in most states will not be able to bring civil suit against the prosecutor, investigators/detectives/Law Enforcement officers, or anyone else involved in the wrongful prosecution.

Your best hope is to avoid any contact with the criminal court system of the US, as that becomes less and less possible as time passes (look at the statistics regarding incarceration and the number of US citizens with felony convictions).

Answer 3

In the United States the accused does not have to prove themselves not guilty if charged with a crime. The burden of proof is always on the prosecution. The defense's job is to create "reasonable doubt" that the accused may not have committed the crime.

Answer 4

If a person refuses to enter a plea of guilty to a criminal charge, this will typically progress to a jury trial.

Once at jury trial, the jury is instructed to presume the defendant's innoncence. At this point it becomes to burden of "the state" (realisitically the attorney for the District Attorney's office) to prove a defendant's guilt. The level of burden can vary to prove a defendant's guilt, but generally in a criminal case it will be either that the DA must show "clear and convincing evidence" of a defendant's guilt (a lower burden) or must show that "beyond a reasonable doubt" the defendant is guilty (a more difficult burden to prove). This is why you've probably heard the phrase "you are innocent until proven guilty".

On a side note, if the DA is providing convincing evidence of a defendant's guilt, of course a defendant will have their own attorney to produce evidence of their innocence or to disprove the DA's assertions.

Answer:

Except in cases of "strict liability" (The liability is said to be "strict" because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal.) a basic premise of legal actions in most cases is "innocent until proven guilty" not "guilty until the defendant proves himself innocent". As a consequence you only need to refute the charges brought against you (disprove them or introduce reasonable arguments as to why they are not applicable.

Answer 5

(in the US) Under the US system of justice the defendnat does not have to prove they are innocent. It is the prosecutions burden to PROVE they are guilty.

Answer 6

(in the US) You don't have to prove you're innocent - the prosecutor has to prove that you're guilty.

Answer 7

Provide counter evidence.