Standards of Proof
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Contents
Background
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.
Burdens are allocated in shift risk of error from one party to the other.
Types of Burdens
- Burden of Persuasion
- Evidential Burden
- Burden of Proof