Where Does the Burden of Proof Lie?įor criminal cases, the burden of proof lies with the State. This blog will discuss what that means for both the defendant and the prosecutor. The standard of proof in a criminal case is beyond a reasonable doubt. The prosecutor's support is the "proofs," and they must meet a specific standard to establish that the claim of an alleged violation is true. To pursue criminal penalties, the State (or a prosecutor working on the State's behalf) must back up its claim with evidence or logic that the trier of fact (a judge or jury) can base its decision on. Just because the State is arguing that an offense happened does not necessarily mean that it did. But simply making that claim is not enough for the State to penalize the defendant for the alleged violation.
In a criminal matter, the State is claiming that a defendant broke the law.
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