It’s true that a criminal defendant in New York is presumed innocent unless and until they’re proven guilty beyond a reasonable doubt. And trust me, every criminal defense lawyer during trial will be sure to hammer that point home during jury selection, opening statement, and closing argument.
But that doesn’t mean that a good criminal defense attorney will just sit back and do nothing the entire case when it comes to finding out why the victim made the false allegation.
Just because the defense has no burden of proof when it comes to showing why someone made a false accusation doesn’t mean they shouldn’t investigate the issue in the first place.
Indeed, identifying “the why” can often be one of the most important parts of building an effective defense for clients who are false accused, especially cases involving child abuse, sex crimes, and domestic violence. Jurors in those cases can really struggle to believe someone fabricated an allegation without an apparent motive or reason to do so.
Of course, having a working theory of why someone made a false allegation doesn’t mean you have to affirmatively prove the motive or even firmly commit to any particular working theory about how the false allegation came about. What it will allow a defense attorney to do, however, is build a holistic strategy for the case, which may include finding a strong defense theme and critical questions to ask the victim and other witnesses during cross examination.
By giving the jurors more to work with than just the mere possibility that the accusation is fabricated for some unknown reason, the jurors might be more likely to believe that the allegation is false or at the very least conclude that there is reasonable doubt. And, of course, reasonable doubt, no matter how small, is enough for the jury to say the magic words you will want to hear as a criminal defendant: “not guilty.”
So the bottom line is this: don’t make the mistake of thinking the presumption of innocence and burden of proof being placed on the prosecution is a reason to sit back and leave the reason for the false accusation a mystery. If you can identify it, that might just make all the difference.
If you’re fighting a criminal case resulting from a false allegation in Westchester County, New York City, or Rockland County, you can contact the Law Office of Michael J. McConnell for a free and confidential consultation by calling (914) 810-0510.
Disclaimer: This post is for informational and education purposes only. It is not legal advice. If you need legal advice, please speak with a qualified attorney privately and confidentially as soon as possible at your particular matter. Prior results don’t guarantee future outcomes.