Across the years, the issue on who shall bear the burden of proof during litigation still remains in a vague situation because the judge strike a balance between the states and the accused. The definition of burden of proof is the legal obligation of one party having the responsibility to prove the issue of contention on the required of standard of proof. The burden generally divided into two, legal and evidential burden of proof. This two burdens of proof are distinct. There is more than one type of burden known to the law, a burden of proof and the burden of adducing evidence.
Presumptions, Standards Of Proof And Burden Of Proof Essay
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According to him the factors to be considered is judicial deference, classification of offences, construction of criminal liability; element of offences and defences, significance of maximum penalties, ease of proof and peculiar knowledge, and presumption of innocence. On the part of judicial deference, it is necessary to consider the will of the courts and the will of parliament. Referred by most as the Golden thread or rule in criminal law, the duty lies on the prosecution to prove a prisoner's guilt. Even before the trial, there is an evidential burden on the prosecution to establish that there is a prima facie case. A clear express statutory provision is section 2 Homicide Act where if diminished responsibility is raised as a defence towards a charge of murder.
First of all, as the saying goes, "innocent until proven guilty," has been heard by almost everyone. This phrase is a basic principal of criminal law which is actually referring to the standard of burden of proof. The burden of proof is a definite responsibility of one party in a case to make sure that the judge or jury is convinced to their version of facts is true. Besides that, the defendant does not have to prove that he is wrong because the burden of proof is on the prosecution.
Please join StudyMode to read the full document. Hence, the burden of prove solely lies in the hands of the prosecution. The obvious reason to this is because everyone is entitled to a fair trial with a general presumption of innocence until proven against. The case of Woolmington v DPP clarified several uncertainties in regards to this area of the law.
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