The phrase ‘burden of proof’ refers to which party—the defense or prosecution—is responsible for providing evidence of a crime. In most court cases, the party filing the claim carries the burden of proof. In a criminal case, this generally falls to the prosecution. The burden of proof refers to the process of proving elements of a crime beyond a reasonable doubt. The burden of proof does not refer to proving guilt or innocence. Criminal cases do not require defendants to prove innocence. However, while the prosecution carries the burden of proof, they do not have to prove guilt to the
Continue Reading