Burden of Proof Explained

Two burdens hide inside every trial. The burden of production decides who must put evidence on the table first, almost always the accusing party.

The burden of persuasion decides who loses when the evidence balances: in criminal court the prosecution, which must prove guilt beyond a reasonable doubt, the presumption of innocence in action. Civil claims demand less, a preponderance of the evidence, while a few civil matters sit between the poles at clear and convincing evidence.

Some defenses shift practical burdens onto the accused once raised, such as insanity in most American states. The rules allocate the risk of error: doubt acquits, protecting the innocent at the accepted price of freeing the guilty..