Burden of Proof

In legal matters, the burden of proof refers to the duty of a party making allegations to substantiate them with Evidence that is admissible in court. In a Civil Lawsuit, the Plaintiff carries this responsibility. Standards of proof can be different depending on the type of legal dispute in question. In a criminal trial, the prosecution is required to prove its case beyond a reasonable doubt. The individual who has been accused of a crime is presumed to be innocent until proven guilty.

When a judge gives instructions to a jury before they retire to deliberate, he or she will explain the burden of proof and how it applies to the proceeding. The prosecution is not required to convince the jury of the accused person's guilt beyond all doubt. Instead, the juror must be able to say to him or herself with moral certainty that the individual is guilty of having committed the crime. If the jurors are not able to do so, the prosecution has not met the burden of proof and the jury must find the person not guilty.