Criminal Evidentiary Standards

Criminal Evidentiary Standards

Learn about the prosecution’s burden of persuasion and proof.


Criminal Evidentiary Burdens

This lesson will cover issues related to the prosecution’s burden of proof in a criminal case. The prosecution’s burden of proof has two components: the burden of production and the burden of persuasion

The burden of production means that the prosecution has the initial burden to offer proof during its case in chief at trial. If the prosecution fails to carry its burden of production, the judge will enter a judgment of acquittal for the defendant. The...