During the criminal trial process, why does the prosecution have the burden of proof? Why don't we force the defendant to prove he's innocent?

What will be an ideal response?


ANSWER: Answers may vary: The government has all the resources to control the criminal trial process – they control the crime scene, can offer plea bargains to create testimony favorable to the government, can engage in charge and plea bargaining and can recommend certain sentences to the court. It would be unfair for the defendant to have to prove innocence in light of the vast resources the government has at their disposal.

Criminal Justice

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