burden of conviction

The "burden of conviction" is a legal concept that comes into play when doubts remain after evidence has been presented in a hearing. It signifies that the evidence is insufficient to convince the judge or jury. Generally, the party responsible for pleading and producing facts favorable to their case also carries this burden of conviction.1

In criminal proceedings, the prosecution bears the burden of proving all relevant facts. This means a defendant cannot be found guilty if proof is lacking or if doubts persist. In civil cases, the plaintiff typically has the burden of proving facts supporting their claim, unless this is shifted to the defendant by rules or presumptions. The defendant is presumed innocent until guilt is established beyond a reasonable doubt, placing the burden of proof on the prosecution.12