Burden and standard of proof Flashcards
Who carries the burden of proof in a criminal trial?
The prosecution bears the burden of proving the defendant’s guilt.
What is the standard of proof required in criminal cases?
The prosecution must prove the case beyond reasonable doubt (the jury must be sure of guilt).
What happens if the jury has any reasonable doubt about the defendant’s guilt?
The jury must acquit the defendant.
What is meant by the defendant having an “evidential burden” in certain defenses?
The defendant must produce some evidence to raise a particular defense, like alibi or duress.
Name two examples where a defendant carries an evidential burden.
Self-defense , reasonable excuse for having an offensive weapon and insanity are examples where the defendant must initially raise evidence.
Once a defense is raised by the defendant, who must disprove it?
The prosecution must disprove the defense beyond reasonable doubt.
What is the standard of proof the prosecution must meet to disprove a defense raised by the defendant?
The prosecution must disprove the defense to the criminal standard — that is, beyond reasonable doubt.
