Who typically has the burden of proof in criminal cases?

In criminal cases, the burden of proof typically lies with the prosecutor. This means that it is the prosecutor's responsibility to present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt. The standard of "beyond a reasonable doubt" is a high threshold, reflecting the serious nature of criminal charges and the consequences that follow a conviction, which can include imprisonment and social stigma.

The prosecutor must collect and present evidence, call witnesses, and construct a narrative that persuades the jury or judge of the defendant's guilt. This principle is foundational in the justice system, as it upholds the presumption of innocence: every individual is presumed innocent until proven guilty.

In contrast, the defendant does not have to prove their innocence; rather, they may simply need to create reasonable doubt regarding the prosecution's case. The judge's role is to oversee the legal proceedings and ensure that the trial follows established legal standards, while the jury is tasked with determining the facts of the case based on the evidence presented.