In any legal proceeding, a fundamental question must be answered: which party has the responsibility to prove their version of the facts? This responsibility is known as the burden of proof. It is a core principle of procedural justice that ensures one side is not required to prove a negative. The burden of proof is composed of two distinct elements: the burden of production (the duty to present evidence) and the burden of persuasion (the duty to convince the decider of fact). The “standard of proof” determines how convincing that evidence must be.

In the criminal law system, the burden of proof rests entirely on the prosecution. The defendant is presumed innocent until proven guilty. This is one of the highest and most important standards in law. The prosecution has the burden to present evidence that proves every element of the crime. The standard of proof in a criminal case is “beyond a reasonable doubt.” This does not mean beyond all possible doubt, but it is the highest standard in law. It means the evidence presented must be so convincing that no reasonable person would have a doubt as to the defendant’s guilt. If the prosecution fails to meet this high bar, the jury must acquit the defendant, even if they suspect the defendant might be guilty.