Understanding the Criminal Burden of Proof in New Zealand

Learn about the criminal burden of proof in NZ and how it affects prosecutions and defendants in the legal system.

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In New Zealand, the criminal burden of proof lies on the prosecution. They must prove the defendant's guilt beyond a reasonable doubt. This means the evidence must be so strong that there is no reasonable doubt about the defendant's guilt. The presumption of innocence remains until this high standard of proof is met, ensuring fairness and justice in the legal process.

FAQs & Answers

  1. What is the burden of proof in criminal cases? In criminal cases, the burden of proof lies on the prosecution, which must prove the defendant's guilt beyond a reasonable doubt.
  2. What does 'beyond a reasonable doubt' mean? 'Beyond a reasonable doubt' means that the evidence presented must be so convincing that there is no reasonable uncertainty about the defendant's guilt.
  3. How does the presumption of innocence work? The presumption of innocence means that any defendant is considered innocent until proven guilty in a court of law.
  4. What is the role of the prosecution in NZ law? The prosecution's role is to present evidence and arguments to convince the court of the defendant's guilt, meeting the burden of proof.