Who holds the burden of proof in criminal cases?

In criminal cases, the burden of proof falls on the prosecutor. This means that it is the responsibility of the prosecutor to present evidence and establish the defendant's guilt beyond a reasonable doubt. The prosecutor must demonstrate that the accused has committed the crime for which they are charged. This principle is rooted in the presumption of innocence, which holds that a defendant is considered innocent until proven guilty. It is a fundamental aspect of the criminal justice system in many jurisdictions, ensuring that individuals have appropriate protections against wrongful conviction.

In contrast, the defendant does not have to prove their innocence; rather, they can challenge the prosecution's evidence and present a defense. The judge plays a neutral role, overseeing the trial and ensuring that the law is followed, rather than taking on the burden of proof. The jury, if present, is tasked with evaluating the evidence and coming to a verdict, but they do not hold the burden of proof themselves. Their role is to determine whether the prosecution has met its burden.