Burden and Standard of Proof Flashcards
what is burden of proof
the person who proves that the accused committed the crime. They are responsible for proving guilt, used by the prosecution in a criminal trial.
IT is based on the assumption of innocence.
what is standard of proof
to what standard of proof shows that the accused is guilty; to what level of responsibility must be proven to be guilty. The standard of proof in criminal cases is beyond reasonable doubt.
The standard is extremely high since the accused is going to be punished harshly for a criminal matter, therefore, society must be certain that the defendant is guilty (ensures justice is achieved through proper sentencing procedure)
*summary of burden and standard of proof
The legal burden of proof which rests on the prosecution requires proof beyond reasonable doubt of the offence
