Who has the burden of proof in a criminal case, and why does this party have the burden?

Answer 1

Burden of proof is on the side of the prosecution, since it is up to them to prove the guilt of the accused.

Every American is innocent until proven guilty. The defense has nothing to prove except their client's innocence.

Answer 2

1

Answer 3

In a criminal case the prosecutor has the burden of proof. The defense just has to put enough reasonable doubt to prove that it didn't happen so that the party being tried is found not guilty.

Answer 4

In a criminal proceeding the state has the burden of proof. According to the laws and customs of our great nation one is innocent until proved guilty, which is why guilt must be proved beyond a "reasonable doubt". The defense doesn't have to prove anything, all the defense has to do is find a weakness in the state's case and create "reasonable doubt" and the defendant will walk.

Answer 5

The prosecution.

The defense doesn't have to prove ANYTHING if the prosecution doesn't. If the prosecution presents sufficient evidence which would otherwise seem to prove guilt, THEN AND ONLY THEN does the defense need to demonstrate reasonable doubt.

This protects the rights of the innocent. Individuals are presumed innocent until proven guilty. Otherwise, innocent people without the ability to demonstrate their innocence could be thrown in jail on a whim for harassment, faulty pretenses, political motivations, racial discrimination, etc.

Imagine being accused of a crime you didn't commit, but because you were home alone at the time, you couldn't prove you didn't. You could be thrown in jail--clearly not justice.

Answer 6

The prosecution has the burden of proof. This comes down from English Common Law, and was reiterated (if not introduced) by the Magna Carta. The idea was that someone should be "innocent until proven guilty." Otherwise, if they were "guilty until proven innocent," the State would have too much power (i.e., be able to put people away, and then force them to prove their own innocence; such a power would surely be abused by a despotic or tyrannical government).

Answer 7

The prosecution always has the burden of proof. This is because of the simple reason that anyone who goes to trial is deemed innocent until "proven" guilty. The defense actually does not have to say anything at all.

Answer 8

Who is "this party"? The state has the burden of proof in a criminal case, except on appeal.

Answer 9

In the U.S., a person is considered innocent until proven guilty in a court of law, so obviously the burden of proof is on the PROSECUTION.

Answer 10

The prosecution

because if it was up to the defense to prove innocence it would derail the justice system with silly cases that people would bring up to get at each other