The burden of proof in a criminal case rests on the prosecution, with no requirement that the defendant prove that he is innocent. The standard to which the prosecution must prove the defendant’s guilt is much higher than in a civil case, as the defendant’s freedom is often at risk.

Generally, the prosecution has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn't required to prove innocence in order to avoid conviction, the prosecution also doesn't have to prove guilt to the point of absolute certainty.

There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence. Proof beyond a reasonable doubt: This is the main burden of proof in criminal cases. To convict you of a crime, a prosecutor must prove your guilt beyond a reasonable doubt.

In criminal law, burden of proof is on the prosecution and unless the prosecution is able to prove the guilt of the accused “beyond reasonable doubt”, he cannot be convicted by a court of law.

The burden of proof is normally on the party trying to get the judge or jury to do something. Here's how it works in common types of cases: Criminal cases. In a criminal trial, the state (represented by the prosecutor) is trying to do something—convict the defendant of a crime—so they have the burden of proving the defendant committed the crime.