Burden of Proof: Presumption of Innocence, Responsibility and Standard for Burden of Proof

610 WordsJan 11, 20182 Pages
Burden of Proof: The dispute regarding facts about a particular case is the center of many criminal cases in the criminal justice system. As a result, many legal systems have designed a broad range of processes for gathering evidence and presenting it to respective individuals to resolve the disputes or cases. In most cases, courts and legislatures have established a considerable series of legal rules to guide the process of determining cases and fact finding. Actually, these processes and rules are mainly geared towards the burden of proof, production, and persuasion. Presumption of Innocence on Burden of Proof, Production, and Persuasion: The presumption of innocence in criminal cases basically means that the state is mandated with the burden of demonstrating and proving that the defendant committed the offense. Due to its meaning, the presumption of innocence has an effect on the burden of proof, the burden of production, and burden of persuasion. Generally, this concept places a legitimate burden or load upon the prosecution to verify every element of the crime beyond reasonable doubt and refute all the defenses. However, these attempts by the prosecution to refute all defenses exclude the affirmative defenses with which the proof of non-existence is not required of the prosecution by the constitution. Consequently, the prosecution is forced to use burden of proof as an obligation that confirms allegations in a trial. The burden of proof is usually accompanied by
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