The burden of proof in criminal procedure.

Abstract

The study of the burden of proof is one of the most absorbing aspects of the Law of Procedure. It is certainly one of the essential ingredients of the rules of Evidence in both Criminal and Civil Procedures. As implied by the title, this thesis is primarily concerned with the burden of proof in criminal procedure. The principles relating to the burden of proof are integrated.' Foremost, is that concerning the presumption of innocence of the accused; and, when this is taken in context with the legal maxim that he who asserts an issue must prove it, one may derive the corollary that, in criminal proceedings, the burden of proving the guilt of the accused rests on the prosecution.