The concept in criminal procedure that places the burden of proof on the government in establishing guilt is referred to as the burden of persuasion.
Criminal cases are ones in which a person is accused of breaching the law by the government and may be given a jail term or other punishments. The highest punishment in our legal system is this burden of proof. Until the prosecution can establish the accused's guilt beyond a reasonable doubt, he is assumed innocent.
The "burden of production" and the "burden of persuasion" are two interrelated but distinct concepts that apply for demonstrating the veracity of facts in a trial before a tribunal in the United States. Until the prosecution can establish the accused's guilt beyond a reasonable doubt, he is assumed innocent.
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