Question

Which of the following means that the prosecution has to prove the charge against the accused in criminal cases?

• A. Judicial review
• B. The margin of appreciation
• C. Burden of proof
• D. Devolution

Hint:

In criminal trials, always remember: the prosecution must prove the case beyond reasonable doubt. This principle protects the presumption of innocence.

Answer 1

The Correct Option is C

In criminal law, the "burden of proof" is the duty placed on the prosecution to establish the accused's guilt beyond a reasonable doubt.
Step 1: Understand the term
- Burden of proof refers to the obligation to present evidence to support one's claim.
- In criminal trials, this burden lies on the prosecution.
Step 2: Evaluate the options
- Judicial review: Refers to court’s authority to review laws or actions.
- Margin of appreciation: A doctrine in international law.
- Devolution: Transfer of powers from central to local government.
Only "burden of proof" fits the definition.