5 Facts About Burden of Proof
What does Burden of Proof of mean?
The burden of proof refers to the direct obligation that accepted conclusion shifts way from an oppositional opinion to one’s own belief or position.
In a legal sense, the burden of proof refers to the duty of a party whom makes allegations to substantiate the statements with evidence that is deemed admissible in court.
In a civil lawsuit, the plaintiff is responsible for carrying the burden of proof. When an individual has been accused of a crime in the United States, the burden of proof rests with the prosecution; the prosecution must prove the charges before a conviction and a subsequent punishment can be obtained.
The standards of proof, meaning what qualifies as acceptable means to allow for a conviction, will vary based on the type of legal dispute in question. In a criminal trial for example, the prosecution is required to prove its case beyond a reasonable doubt. The individual in this instance has been accused of a crime that is presumed--and subsequently viewed by the United States’ court system—innocent until proven guilty.
The judge presiding over a case will deliver instructions to the coordinating jury before they retire to deliberate. During this exchange, the judge will explain the burden of proof and how it applies to the particular proceeding. The prosecuting party is not required to convince the jury of the accused person’s guilt beyond all doubt. Instead, the juror must be able to define, with moral certainty, that the alleged individual is guilty of committing the underlying crime.
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