Lawyer David Serna Shares What The Burden Of Proof Is
What is the Burden of Proof? There is always an initial presumption in a legal dispute that one party is correct. In contrast, the other party carries the burden of providing relevant and substantial evidence to establish the truth. Lawyer David Serna reminds fellow lawyers that the prosecution must provide compelling evidence to prove the defendant’s guilt beyond a reasonable doubt. Lawyer David Serna also believes that lawyers should never forget that the defendant does not carry the burden of proving their innocence. But it is in their best interest to give an honest alibi or any other evidence to help their case. The Two Concepts of the Burden of Proof The Burden of Production The burden of production describes one party’s obligation to provide substantial evidence to support a particular fact. Lawyer David Serna reminds fellow lawyers that determining the satisfaction of the burden of production is not an issue of fact for the jury but an issue of law. Law...