Burden And Standard of Proof

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




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.