Basics

• Criminal cases are different than civil cases (breach of contract, slip & fall, breach of warranty). Criminal cases, which include robbery, assault, driving while intoxicated, are either felonies or misdemeanors. The defendant in a criminal case might argue that he was not at fault or that he was not involved in the crime. Defendants often dispute the prosecutor's case by stating that the facts are incorrect.
  
  

Burden

• The government has to prove basic elements of a crime using evidence. The defendant has a burden of presenting evidence that contradicts the government's claims and supports his defense. If the prosecutor does not prove all of the elements, then the defendant can request an acquittal, which establishes that he is not guilty.
  
  

Elements

• Each state has its own rules about elements or ingredients needed to present a criminal case. For example, to convict you of murder, the prosecutor might have to establish three things - that a human died, you caused the death, and intended the result. If you can provide evidence contradicting the last element (you intended the result), such as by explaining that you acted negligently, not intentionally, then your case might be changed to manslaughter (with carries a different punishment).
  
  

Considerations

• In a criminal case, evidence usually has to establish actus reus and mens rea. Actus reus refers to the physical aspect of a crime and includes a voluntary act, causation, and a social harm. For example, if the evidence shows that you caused an injury by stabbing a child but you suffered from a spasm, then you might argue that the act of stabbing the child was involuntary. You were cooking which is why you had a knife in your hand, but you could not control your arm movement. Mens rea refers to your mental or internal state, such as if you had a guilty mind and planned on robbing a senior citizen.
  
  

Strict Liability

• In some cases, strict liability allows a prosecutor to prove a criminal case (e.g., dangerous animals or activities) with less evidence. For example, if you drove while intoxicated and your blood alcohol level was three times the legal limit, your mental state, such as ignorance of the state law, will not prevent you from getting convicted.