In criminal procedure, what is the burden of proof typically placed on?

Study for the GPSTC Criminal Procedure Exam. Enhance your skills with comprehensive content, multiple choice questions, and detailed explanations to ace your test. Get exam-ready today!

In criminal procedure, the burden of proof is typically placed on the state, which is responsible for proving the defendant's guilt beyond a reasonable doubt. This high standard reflects the principle that it is better for a guilty person to go free than for an innocent person to be convicted. The state's obligation is to present evidence and arguments that convince the jury or judge of the defendant's guilt to the required standard.

The significance of this burden is foundational in maintaining the integrity of the judicial process, as it helps protect individual rights against wrongful convictions. The defense does not have to prove anything; instead, they can seek to create reasonable doubt regarding the state’s case. The jury's role is to evaluate the evidence presented by the state and the defense, while the judge oversees the trial and ensures legal procedures are followed, but does not carry the burden of proof themselves.

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