The idea that a criminal defendant is “innocent until proven guilty” has been drilled into the American public for decades. The phrase appears in virtually any movie or TV show about the criminal justice system. However, this phrase is more than just a platitude or lip service to the rights of the accused. It has actual legal weight and is vitally important for the outcome of a criminal trial. At its heart, “innocent until proven guilty” is an indication of which side – the prosecution – has the burden of proof in a trial. An experienced criminal law attorney can advise you on the burden of proof in your case if you have’ve been charged with a crime.

Burden of Proof, Explained

The burden of proof is a legal term for determining which side has to prove his or her case is correct. Innocent until proven guilty means that the prosecution is the side that has to bear the burden of proof. The prosecution must put forward affirmative evidence that shows the court that the defendant is guilty in order to have the defendant convicted. The lack of evidence absolving the defendant of guilt is not enough.