Texas-Book-Gun Law Armed And Educated - Flipbook - Page 158
In those cases, a jury will decide the reasonableness of a person’s
belief and, ultimately, whether or not a person is guilty of a crime.
VI. THE BURDEN OF PROOF IN CRIMINAL CASES
In criminal cases, the state attorneys or prosecutors have the burden
of proof. This means that it is the state’s responsibility to present
enough evidence to prove the defendant committed a crime. The
burden of proof the prosecutor bears is a standard called “beyond
a reasonable doubt.” It is the highest level of proof used in the
American justice system. The state’s job at trial in attempting to
prove the defendant’s guilt includes eliminating any reasonable
doubt that the defendant’s conduct was justified.
PRACTICAL LEGAL TIP
We are now ready to look at the circumstances under which Texas
law allows a person to use deadly force to protect themselves and
others in the next chapter.
A word about juries: juries are not
“picked” in Texas. Rather, they
are the first 12 people who are
not “struck” from the pool of folks
called a jury pool. Most of the
time, in my opinion, juries get it
“right,” but after years of practice,
some juries’ decisions leave you
scratching your head… That’s why
a legal presumption can be critical.
—Edwin
When Can I Legally Use My Gun: Part I | 147
