However, there are scenarios where the defendant most likely wants to show that they are innocent, such as in cases of an insanity defense or self-defense. Here, the defendant doesn’t have to prove innocence the defendant is viewed as being innocent until the prosecution establishes their guilt. In a criminal case, this refers to the burden that the prosecution must satisfy, as the burden of proof lies with them. The phrase “beyond a reasonable doubt” is familiar to most people. The Difference Between A Civil Case and a Criminal Case In most civil cases, the party that is putting forth the claim (the plaintiff) has the burden of proof. The law requires the party that has the burden of proof to present sufficient evidence that will support the claims. The evidence is usually expressed through documents, objects, and witness testimony. This is the legal requirement to determine who is responsible for producing evidence that proves or discredits a claim. One way to help predict the likelihood of success in your case is by understanding the burden of proof.
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