Distinguish "burden of proof" from "burden of going forward with evidence."

What will be an ideal response?


Burden of proof is the responsibility of the prosecution in all cases. The requirement is placed on the prosecution to establish the guilt of the defendant beyond and to the exclusion of every reasonable doubt. The burden of going forward with evidence rests on both the prosecution and the defense to present the evidence that will carry the greatest weight with the jury. From the defense point of view, the burden of going forward with evidence is the requirement that the defendant present such evidence that will create a reasonable doubt of the defendant's guilt in the minds of the jury.

Criminal Justice

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