key principles of the victorian criminal justice system - 3.1.2

Question 1

what is the burden of proof?

Answer 1

the obligation of a party to prove a case, it usually rests on the prosecution (who brings it to court), it can rest on the accused if they are pleading self-defence, mental impairment.
Onus (responsibility) on accused to prove suffering on impairment or acting in response to another’s actions.

Question 2

what is standard of proof?

Answer 2

the standard of proof is the degree to which a case must be proved in court, tells you how much evidence is needed to be proven guilty.

Criminal case = beyond reasonable doubt.

Question 3

what is the presumption of innocence? and how is it upheld?

Answer 3

the presumption of innocence means that the accused is innocent until proven guilty. it is upheld:
- bail system to allow liberty prior to court date
- imposing high standard of evidence
- right to silence during questioning and trial
- prior convictions are hidden until sentencing.

(BIRP)