The scales are usually tipped towards the side with the most compelling and articulate attorney. If an attorney can connect with the jury (or the judge, during a bench trial), the battle is already halfway won.
However, the sad truth is that a criminal defendant often has an uphill battle, as any given juror likely has heard about the presumption of innocence but may have great difficulty in applying it along with the appropriate burden of proof.
Regardless of what type of case you may be dealing with, ensure that you are well represented by a third party (attorney) who can detach him or herself from the situation and attack it with a greater degree of objectivity.
The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a licensed and qualified attorney in your state of residence. No attorney-client relationship exists or should be construed to exist by virtue of this post.
This is a great question, the type we could wax eloquently on for hours. It is my opinion that in the criminal justice arena, the scales are tipped in favor of the defendant, but each case is different and each case has its own unique set of facts. It used to be that the state was sandwiched in closing arguments, now the defense is. The scales shift back and forth. In the family arena, the scales were tipped in favor of the female, but that has changed a bit to make it more equal. The scales should be equal in every type of case, but we simply do not live in a perfect world, and the outcome of any case depends upon the particular likes and dislikes of the judge, the abilities of the attorneys, and lastly the actual facts. The facts, by the way, kind of hang out in a cloud above the courthouse until the judge or jury brings them down to the ground and decides what they are. Some judges and some jurors actually do their job. It is only when there is a level playing field that one can say that the scales of justice are not tipped one way or the other.
R. Jason de Groot, Esq., 386-337-8239
The evidence and surrounding circumstances in your case will play a role as to whether the Scales are being tipped in your favor or the State's favor. If there is strong evidence against you, then the Scales are probably tipping in favor of the State. On the other hand, if the evidence is weak (or if the State's case has other issues such as unavailable witnesses, etc...) then the Scales will start tipping in your favor.