The burden of proof in criminal law refers to the obligation of the prosecution to prove the defendant’s guilt beyond a reasonable doubt. This is a fundamental principle in criminal justice systems in many countries, particularly those based on common law.
Key points about the criminal law burden of proof:
- Presumption of innocence: The defendant is presumed innocent until proven guilty.
- Burden on the prosecution: It is the responsibility of the prosecution (usually the state) to prove the defendant’s guilt, not for the defendant to prove their innocence.
- Standard of proof: The prosecution must prove guilt “beyond a reasonable doubt,” which is the highest standard of proof in law.
- All elements of the crime: The prosecution must prove every element of the crime charged beyond a reasonable doubt.
- Constitutional protection: In many countries, the burden of proof is considered a constitutional right of the accused.