Burden of Proof

Burden of proof
When I was a law student, criminal case laws were always clear-cut to me.

Until two weeks ago, I had assumed (for some bizarre and illogical reasons) that all cases were presented clearly in court, that witnessness are either credible or not so credible...

I was a juror for nine days, from 3rd May - 13th May. The cases were not remotely clear-cut...

My copious notes, taken as I listened to :

• the Crown Prosecutor Service's barrister - who had the unenviable task of burden of proof


• the defence barrister - whose only task, it seems, is to cast doubt as to his/her client's guilt in the minds of the juror


• the Judge - intervening between the barristers as necessary on legal matters; making witnesses as "comfortable" as possible in a Court of Law; often checking that the jurors are not too exhausted and sending us off to stretch our legs when he noticed that we were flagging; summarising the arguements for the Crown and the defence and reminding us (the jurors) that the Crown prosecutor has the burden of proof - hence, shoild we (the jurors) have any doubt as to the guilt of the defendant, then we are obliged to return a "not guilty" verdict.


• witnesses for the Crown


• witnesses for the defence

at times, failed me during the discussion with the other jurors as we struggle to reach and agree a verdict.

Oh, the agony of deciding that burden of proof...




Copyright © Abimbola Akanwo. 2011. All rights reserved.