Burden of proof is the legal burden that requires legal actors to make use of two legal tenets of the law to come up with an argument either proving or disproving a case. The two tenets are the “burden of persuasion” and the “burden of production”. In the legal context, the person who lays charges on another is the one expected to provide proof in support of their accusations. Before a legal dispute comes to a close, one party ought to provide a conclusive proof and the other is presumed innocent until such evidential proof is found. In criminal cases, the standards of persuasion or proof are always higher compared to civil cases.
Presumption of innocence is the legal principal that an individual is innocent till proven guilty. Markedly, it is a legal right in Article 11of the U.N’s Universal Declaration of Human Rights. In light of this, the prosecution is tasked with the responsibility of ensuring that cases are proved to total satisfaction. A higher standard of proof is usually reserved for criminal cases where a lot is at stake, which in this case may include someone’s liberty. The stringent requirements of proving beyond reasonable doubt therefore imply that it is the responsibility of the prosecution to convince the jury and failure to which one is expected to be acquitted.
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These standards imply that an individual can defend their innocence in a court of law. Failure of the prosecution to provide enough compelling evidence that will occur before a judge or a jury to be beyond reasonable doubt, dictates that the accused be acquitted. To a greater extent, these standards ensure that the innocent do not suffer and only those proven beyond reasonable doubt to be guilty are punished. Another implication is that a judge or the jury makes decisions on whether an individual is guilty depending on the gravity of the evidence presented in court by the prosecution.
