Court Interpreter Written Practice Exam

Question: 1 / 400

In a criminal trial, who carries the burden of proof?

The defendant

The plaintiff

The prosecution

In a criminal trial, the burden of proof rests with the prosecution. This fundamental principle is rooted in the presumption of innocence that is afforded to the defendant. The prosecution is responsible for presenting evidence and convincing the court of the defendant's guilt beyond a reasonable doubt. This very high standard reflects the severe consequences that can arise from a criminal conviction, such as loss of freedom or even life.

The other roles mentioned do not carry this burden. The defendant does not have to prove their innocence; rather, they have the right to remain silent and are presumed innocent until proven guilty. The judge's role is to oversee the proceedings impartially and ensure that the law is followed, but not to present evidence or carry the burden of proof. The plaintiff is more relevant in civil cases, not criminal trials, as they are the party initiating the case to seek a remedy for a wrong done to them. Thus, recognizing that the prosecution must prove their case helps maintain the balance of justice in criminal proceedings.

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