chapter 3.3

Question 1

burden of proof in criminal case

Answer 1

refers to the party which has the obligation to prove their assertion in court. In criminal cases, the burden of proof lies with the prosecution, as it is the party which initiates the criminal proceeding

Question 2

the standard of proof in criminal cases

Answer 2

refers to the degree or strength of the evidence required by the party brining an action to prove their case. in criminal cases, the standard of proof is beyond reasonable doubt

Question 3

beyond reasonable doubt

Answer 3

This requires the prosecution to prove that there is no reasonable doubt that the accused committed the offence. There must be no reasonable doubt in the courts mind that guilt exists and therefore, a verdict of guilty is appropriate

Question 4

the presumption of innocence

Answer 4

The notion that a person accused of a criminal offence is considered to be not guilty of said offence until he or she is proven guilty beyond reasonable doubt in a court of law. ‘innocent until proven guilty’

Question 5

how is the presumption of innoncence upheld

Answer 5

The presumption is reinforced by the criminal burden and standard of proof as these impose on the prosecution the responsibility of proving a case beyond reasonable doubt which is a very high standard to meet.