Which of the following is correct for a criminal trial?
| Burden of proof | Standard of proof |
|----------------------|----------------------------|
| A - HSC - SSCE Legal Studies - Question 3 - 2022 - Paper 1
Question 3
Which of the following is correct for a criminal trial?
| Burden of proof | Standard of proof |
|----------------------|----------------------------|... show full transcript
Worked Solution & Example Answer:Which of the following is correct for a criminal trial?
| Burden of proof | Standard of proof |
|----------------------|----------------------------|
| A - HSC - SSCE Legal Studies - Question 3 - 2022 - Paper 1
Step 1
Which of the following is correct for a criminal trial? A.
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Answer
In a criminal trial, the burden of proof rests with the prosecution. This means that the prosecution is responsible for proving the guilt of the accused. The standard of proof in criminal cases is 'beyond reasonable doubt', which is a higher standard than in civil cases.
Step 2
Which of the following is correct for a criminal trial? B.
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Answer
This option incorrectly states that the burden of proof rests with the accused. In criminal trials, the accused does not have to prove their innocence.
Step 3
Which of the following is correct for a criminal trial? C.
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Answer
This is the correct answer: the burden of proof rests with the prosecution, and the standard of proof is 'beyond reasonable doubt'.
Step 4
Which of the following is correct for a criminal trial? D.
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Answer
This option incorrectly states that the burden of proof rests with the prosecution while claiming the standard of proof is 'on the balance of probabilities', which is incorrect for criminal trials.
