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Burden Of Proof In A Criminal Matter
In the United States, the justice system is adversarial. This means that the two opposing parties can argue about each other's point of view by putting their case in front an independent decision maker -- the judge and jury. |
The system also requires that each contesting party shoulder the burden of proof. Here burden of proof encompasses persuading the jury as well as supplying the necessary evidence.
Burden of proof in a criminal matter lies solely with the party filing the lawsuit. For instance, if a person sues someone for something criminal, then the plaintiff has to bear the responsibility for getting the proof to prove the other person is guilty. If the burden of proof in a criminal matter is met with, then the defendant has to counter the evidence that is produced in the court. By doing this, the defendant will try to persuade the jury to give a verdict in his favor.
Burden of proof in a criminal matter should be taken very seriously because if the defendant is found guilty, he can be imprisoned or even given death penalty, depending on the serious of the crime. This means that the plaintiff must have all the necessary facts at hand to show the defendant's guilt. The plaintiff has to do everything in his power to ensure that the jury or the judge does not have the slightest bit of doubt in the defendant's guilt.
A point to remember is that burden of proof in a criminal matter also ensures that the defendant is protected until proven guilty. Therefore, before the guilt is established, the defendant is presumed to be innocent.
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Burden Of Proof In A Criminal Matter
