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"The Prosecution Rests"

10/21/2011

8 Comments

 
The prosecution is expected to rest today in the trial of Michael Jackson's doctor.  What does it mean when the prosecution "rests?"  It basically means the prosecution has finished presenting the evidence it has to try to prove the defendant guilty.  It has finishind its case-in-chief.  The defense then has the opportunity to put on evidence if it so chooses. 

Unlike the prosecution, the defense in a criminal trial need not put on any case at all.  This is because the prosecution has the burden of proof.  To convict someone, the prosecution must prove the defendant is guilty beyond a reasonable doubt.  Here, the prosecution must prove, beyond a reasonable doubt, that Dr. Murray committed involuntary manslaughter against Michael Jackson.  (See prior posts here and here for more about the involuntary manslaughter charges.) 

Once the prosecution has presented all the evidence it believes proves the defendant guilty, it rests its case.  The defense then has the option of putting on its own case.  However, the defendant need not do anything.  He may simply attempt to poke holes in the prosecution's case, and argue to the jury that the prosecution did not meet its burden of proof. 

If the jury has a reasonble doubt, whether based on weaknesses in the prosecution's case or the strength of the defense evidence or both, it must acquit.  Although they need not do so, Dr. Conrad Murray's defense attorneys have indicated they intend to call witnesses in his defense.  If Dr. Murray chose to testify, that would also happen during the defense case. 
8 Comments
roxywaters link
10/28/2013 10:08:18 am

Good read

Reply
Blythe
10/29/2013 01:52:29 am

Thanks!

Reply
Yahaya Achadu link
11/26/2016 07:52:37 am

I have a question and it goes like this. After the prosecutor has closed his case, can the defense rest its case on the prosecution evidence without necessarily entering defense?

Reply
Blythe
12/1/2016 09:39:19 am

Absolutely. Since it's the prosecution's burden to prove a defendant guilty (beyond a reasonable doubt), the defense need do nothing.

Reply
Oladapo Lawrence
7/23/2019 06:51:50 am

can the defense reopen his case having earlier rested his case on the prosecutions case. To enable the defense the opportunity to make a defense and call witnesses?

Reply
Blythe link
7/25/2019 07:27:59 am

With permission of the judge (and for a good reason), either side may reopen the case after they've rested. In the normal course of things, the prosecution presents its case-in-chief, then if the defense wishes it can present its case, the prosecution can then present rebuttal evidence to respond to the defense case, and the defense can present a surrebuttal to rebut the prosecution's new rebuttal evidence, and so on. It's very rare for a case to go back and forth that much, but it can.

Reply
Iris Smith link
10/27/2022 10:53:22 pm

Thank you for pointing out that in order to convict someone, the prosecution must establish their case beyond a reasonable doubt. My friend has a money laundering allegiance against him. I will assist him in locating a criminal defense lawyer who will represent him.

Reply
Peter Good link
12/20/2022 07:21:08 am

having a strong criminal defense team is essential for anyone facing charges in our complex legal system. It’s critical for individuals accused of crimes to seek out qualified legal representation that provides sound advice and effective advocacy when it comes time for trial or sentencing hearings.

Reply



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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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