The Burden of Proof in Criminal Cases
One of the fundamental principles of our criminal justice system is that everyone has the right to be considered innocent until proven guilty. But what does that mean when you have been charged with a criminal offence?
Innocent until proven guilty means that you do not have to prove your innocence in court. It is the Crown Attorney (the lawyer prosecuting your criminal charges) that has the burden of proof. You do not have to prove your innocence. The Crown Attorney must prove the charges against you beyond reasonable doubt.
The easiest way to think about this is to consider a pair of scales. All the evidence against you is placed on one side of the scale. All the evidence for you is placed on the other side of the scale. The Crown Attorney must tip the scales almost all the way over against you in order to prove the criminal charges beyond reasonable doubt.
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