Key Principles Including The Burden Of Proof, Standerd Of Proof And The Prosumtion Of Innocence Flashcards
What is the burden of proof?, and who does it fall on ?
The burden of proof is the obligation of a party in a criminal case to provide evidence to prove the allegations against the accused. In a criminal case this falls onto the prosecution, the party who is making the claims.
(Found in the evidence act) and (criminal procedures act)
What is the standard of proof?
The standard of proof is the level of evidence needed for the allegation’s made by the prosecution to be true. In a criminal case the standard is beyond reasonable doubt. Meaning if there is a large amount of doubt due to lack of quality evidence the accused can not be found guilty.
What is the presumption of innocence?
The presumption of innocence is the legal principle which allows an accused individual to be seen as innocent until proven guilty beyond reasonable doubt.
(found within the charter of human right act)
How do the burden of proof and standard of proof uphold the presumption of innocence ?
The burden of proof upholds the presumption of innocence as the Prosecution must prove the guilt of the accused, meaning the accused is innocent until the prosecution can prove them guilty.
The standard of proof upholds the presumption of innocence as the prosecution must prove the accused’s guilt beyond reasonable doubt, until this is done the accused is presumed innocent within court.
How does the right to silence uphold the presumption of innocence ?
The right to silence upholds the presumption of innocence as it allows an individual to not answer any questions in regards to the investigation apart from their name and address.
This ensures an accused individual does not incriminate themselves by accidentally providing evidence against themselves. This means the accused can be seen as innocent during trial until proven guilty beyond reasonable doubt.
