Kaplan 2022 Question: Criminal Law

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April 28, 2022 at 2:04 pm #654543
kish200
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Good Day
I wanted to ask the following question in Kaplan’s Revision kit:

Which of the following correctly applies to the burden of proof in a criminal case?
A It must be proved beyond reasonable doubt
B It must be proved on the balance of probabilities
C It lies with the prosecution
D It lies with the defense

I had answered as A however, checking the answers the correct option was actually C.
While I do understand that the prosecution has to prove beyond reasonable doubt that the accused is guilty, why is option A wrong and option C correct?
I have reread the questions a 1000 times but I can’t seem to catch the reason.
April 28, 2022 at 5:18 pm #654562
MikeLittle
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Hi Kishan

The question is asking for the ‘burden’ of proof, not the level of proof

Another word for ‘burden’ here would be ‘responsibility’ ie whose responsibility is it to provide evidence beyond reasonable doubt

So the prosecution has the responsibility to provide evidence beyond reasonable doubt that the accused is guilty of having committed the alleged crime

So, with whom does the burden of proof lie? With the prosecution!

OK?
May 3, 2022 at 2:47 pm #654815
kish200
- Topics: 22
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Noted, I understand now.
Very well explained Sir, thank you.
May 3, 2022 at 7:30 pm #654846
MikeLittle
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You’re very welcome, as always
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