![]() In 1970, the Court held in In re Winship that the due process clauses of the Fifth and Fourteenth Amendments " the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." 2 It had long been presumed that reasonable doubt was the proper standard for criminal cases, 1 but, because the standard was so widely accepted, it was only relatively recently that the Supreme Court had the opportunity to pronounce it guaranteed by due process. United States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law nor shall private property be taken for public use, without just compensation." The Government's Burden of Proof If you or someone you know faces criminal charges, consult with a local attorney to learn how to protect your rights. The Constitution protects your right to due process during criminal proceedings. The Supreme Court has long held that the Fifth Amendment's due process clause imposes certain standards on the government, including the burden of proof and what type of evidence it can use against a criminal defendant. And there are few situations where this is more important than in criminal trials. The Fifth Amendment guarantees due process of law when someone's life, liberty, or property is at stake.
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