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Burden And Standard of Proof
Presumption of innocence: innocent until proven guilty
Burden of proof: the responsibility for proving something. Criminal case, on prosecution
Standard of proof: the weight or value given to the evidence. Criminal cases, guilty beyond reasonable doubt
| Definition | In a Criminal Trial |
Burden of Proof | The person who proves that the accused committed the crime. They are responsible for proving guilt. | The prosecution |
Standard of Proof | To what standard of proof shows that the accused is guilty; to what level of responsibility must be proven to be guilty. | Beyond reasonable doubt |
Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.