what is the burden of proof in a criminal case?
In a criminal trial, the burden of proof is always on the prosecution, as the defendant is presumed innocent. If the prosecution fails to prove guilt, the defendant does not need to prove anything. Below is the burden of proof in a criminal case: The Highest Standard: Beyond a Reasonable Doubt â A much higher burden than preponderance of evidence. The standard is that there is a great likelihood the accused committed the crime.