Throughout the trial, the burden of persuasion remains with the party that wishes to change the status quo; this is the _____.

Question

Quizplus · Accepted Answer

The prosecutor is the party that wishes to change the status quo by proving the guilt of the defendant, so the burden of persuasion is on them. The defense, on the other hand, seeks to maintain the status quo of the defendant's innocence until proven guilty. The judge and jury are not responsible for the burden of persuasion; the judge is responsible for making legal rulings and the jury is responsible for determining the facts of the case based on the evidence presented.

Throughout the Trial, the Burden of Persuasion Remains with the Party