Who has the burden of proof in a criminal case?

• A. The defendant.
• B. The defense attorney.
• C. The State (prosecutor).
• D. The judge.

Answer: (C)

In criminal cases the burden of proof rests with the State (the prosecution). Because of the presumption of innocence, the defendant starts out as not guilty, and the government must prove each element of the crime beyond a reasonable doubt. The defendant isn’t required to prove innocence; their role is to challenge the prosecution’s evidence, present any defenses if they choose, and raise reasonable doubt. The defense attorney’s job is to defend the accused, not to prove guilt. The judge’s role is to apply the law, rule on admissibility, and instruct the jury on the standard of proof, while the jury (or a bench judge) decides whether the prosecution met that burden.