In a criminal trial, who carries the burden of proof?

In a criminal trial, the prosecution carries the burden of proof, which is a fundamental principle in criminal law. This means that it is the prosecution's responsibility to establish the guilt of the accused beyond a reasonable doubt. This high standard of proof is designed to protect individuals from wrongful conviction and maintains the presumption of innocence until proven guilty.

The prosecution must present evidence and arguments to convince the jury or the judge of the defendant's guilt. If the prosecution fails to meet this burden, the defendant is entitled to an acquittal, meaning they cannot be found guilty of the charges against them. The requirement that the prosecution bears this burden is rooted in the idea of fairness in the judicial process; it ensures that the state must carry the weight of proving its case rather than placing the onus on the defendant to prove their innocence.

In contrast, the defense does not have to prove the defendant's innocence but may present evidence and arguments to create reasonable doubt about the prosecution's case. The victim's role is more about providing testimony rather than carrying any burden of proof. The judge oversees the proceedings and ensures that the law is applied correctly but does not carry a burden in the context of proving guilt or innocence.