Burden of Proof
The obligation of a party in a legal dispute to provide sufficient evidence to support their claims. In criminal cases, this burden rests entirely on the prosecution.
The obligation of a party in a legal dispute to provide sufficient evidence to support their claims. In criminal cases, this burden rests entirely on the prosecution.
Example: In a criminal trial, the prosecution bears the burden of proving the defendant’s guilt ‘beyond a reasonable doubt,’ the highest standard in the U.S. legal system.
Common misconception: The burden of proof is always on the person bringing the lawsuit. While generally true, it can shift; for example, if a defendant raises an affirmative defense (like self-defense), they may bear the burden of producing some evidence to support that specific claim.