Who has the burden of proof in a criminal case?
A. The State has the Burden of Proof in a criminal case. Based on our laws, the accused is presumed innocent until proven guilty. The standard of proof in a criminal case is Beyond and to the Exclusion of All Reasonable Doubt. Under American law it is the highest standard of proof; much higher than that of a civil matter. Simply put, it is the most difficult and therefore the most serious because an individual’s freedom is potentially at stake.
