Why Burden Of Proof With Prosecution ?  

In the justice system in the United States criminals are prosecuted based on the ability of the prosecution to meet the burden of proof.

When a crime or a criminal is being prosecuted the burden of proof in reference to the act would mean that the prosecutor should be able to convince the judiciary team, the jury, or the judge that the criminal is guilty and has to be prosecuted without providing scope for further doubts.

In a case of crime, the stakes are much higher as compared to other cases like family court cases or civil cases. The burden of proof also is much higher in criminal cases. There are two types of burden of proof with prosecution.

Actus Reus -- the burden of proof in this case would mean that the criminal acts were actually committed by the defendant himself. The burden of proof for the prosecution is to provide adequate evidence to prove the criminal act. In the process, the prosecution might need to collect data about the place of crime and the time of crime. In addition, the prosecution would have to get reliable witnesses to prove the crime.

Mens Rea -- is the kind of burden of proof in prosecution that is based on the intention of the criminal and whether the crime was a forethought crime. The burden of proof lies on the prosecutor to prove the intention or the ill-will of the person accused of committing the crime.

It is important to understand in a criminal case the convicted does not need to prove his or her innocence. Rather the prosecution has the burden to prove the person's guilt and that is why the burden of proof lies with the prosecution.

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Why Burden Of Proof With Prosecution

Malpractice Law:

Burden-Of-Proof-In-A-Criminal-Matter      In the United States, the justice system is adversarial. This means that the two opposing parties can argue about each other's point of view by putting their case in front an independent decision maker -- the judge and jury. The system also requires that each contesting party shoulder the burden of proof. Here burden of proof encompasses persuading the jury as well as supplying the necessary evidence. More..




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