Burden of Proof
Definition
A criminal-law concept describing conduct, procedure, or legal consequence defined by governing offense or rule elements. It applies only when the legally specified conditions for its use or enforcement are satisfied. It does not apply where required elements or conditions are absent. It materially affects charging, adjudication, detention, or sanction decisions in practice.
Burden of Proof
Definition
The procedural allocation between parties of (a) the obligation to produce admissible evidence on an issue (burden of production) and (b) the obligation to persuade the factfinder to a specified standard about that issue (burden of persuasion); the applicable standard (e.g., preponderance, clear and convincing, beyond reasonable doubt) determines the degree of persuasion required.