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Criminal Law & Justice vocabulary · Trial & Verdict

Burden of proof

Meaning in criminal law & justice, with examples

/ˌbɜːdn əv ˈpruːf/nounCore term

In criminal law & justice, burden of proof means: The duty to prove that a claim is true; in criminal cases it lies on the prosecution, not on the defendant.

In Turkish: ispat yükü

How it is used

Lawyers say the burden of proof 'lies with', 'rests on' or 'is on' the prosecution, and that it can 'shift' to the defendant only in rare cases set by law. It is closely linked to the 'standard of proof', which says how strong the proof must be.

Example sentences

  1. The burden of proof is on the prosecution from start to finish.

  2. The defendant does not have to prove his innocence; the burden of proof lies with the Crown.

Common collocations

  • the burden of proof lies with
  • discharge the burden of proof
  • shift the burden of proof
  • standard of proof
  • beyond reasonable doubtThe standard of proof in criminal cases: the evidence must be so strong that no reasonable person would doubt the defendant's guilt.
  • presumption of innocenceThe basic principle that every person accused of a crime must be treated as innocent until the prosecution proves their guilt in court.
  • prosecutionThe process of bringing a criminal case against someone in court; 'the prosecution' also means the lawyers who present the case against the defendant.
  • evidenceInformation, objects, documents or testimony that a court can use to decide whether something is true, for example whether the defendant committed the crime.

This word in other fields

The same English word can have a different meaning in another field:

More terms: Trial & Verdict

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This page explains English vocabulary for learners. It is not legal advice.