Texas Former Prosecutors
Texas Penal Code Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT
Board Certified Criminal Defense Attorney Brian Foley provides commentary on the Texas Penal Code, Criminal Law, and Evidence.
As a criminal defense attorney, you must be well-versed in the laws and regulations that govern the state of Texas. One such law that is essential to your work is Section 2.01 of the Texas Code of Criminal Procedure, which deals with the burden of proof in criminal cases.
Section 2.01 of the Texas Code of Criminal Procedure states, "All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial."
This means that in order for someone to be convicted of a crime, the prosecution must prove each and every element of the offense beyond a reasonable doubt. This is a high standard of proof, as it requires the prosecution to prove that there is no reasonable doubt that the accused committed the crime.
The history of the rule of proof beyond a reasonable doubt in criminal cases dates back to early English common law, which held that an accused was presumed guilty until proven innocent. However, this changed with the adoption of the presumption of innocence in the late 1700s. This principle was further developed in the United States, where the Fifth and Fourteenth Amendments to the Constitution require that no person shall be deprived of life, liberty, or property without due process of law. This includes the right to be presumed innocent until proven guilty.
It is important to note that the standard of proof in criminal cases is "beyond a reasonable doubt," not "beyond a shadow of a doubt," as is often portrayed in popular television series. This means that the prosecution does not have to prove the case beyond all doubt, but only beyond any reasonable doubt. As a criminal defense attorney, it is your job to ensure that your client's rights are protected and that the prosecution meets the high standard of proof required by Section 2.01 of the Texas Code of Criminal Procedure.
By understanding the history and importance of the presumption of innocence and proof beyond a reasonable doubt, you can better serve your clients and defend their rights in the criminal justice system.
Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.