In criminal cases, who bears the onus of proof?

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Study for the Year 11 Preliminary Legal Studies Exam. Explore comprehensive flashcards and multiple choice questions with detailed hints and explanations. Prepare thoroughly for your upcoming test!

Multiple Choice

In criminal cases, who bears the onus of proof?

Explanation:
In criminal cases the onus of proof rests with the prosecution, who represents the state. They must prove each element of the offence beyond reasonable doubt. The defendant is presumed innocent and does not have to prove their innocence. The jury’s role is to assess the evidence and decide guilt, not to carry the burden of proving the case. The term “plaintiff” doesn’t apply in criminal prosecutions.

In criminal cases the onus of proof rests with the prosecution, who represents the state. They must prove each element of the offence beyond reasonable doubt. The defendant is presumed innocent and does not have to prove their innocence. The jury’s role is to assess the evidence and decide guilt, not to carry the burden of proving the case. The term “plaintiff” doesn’t apply in criminal prosecutions.

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