Burden of persuasion

The burden of persuasion refers to the obligation of a party in a legal case to convince the judge or jury that their claims or defenses are true. In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt. In civil cases, the plaintiff must show that their claim is more likely true than not. This burden determines which side bears the responsibility to present enough evidence to support their position and influences the outcome of the case. Essentially, it’s about which party carries the responsibility to persuade the factfinder of their correctness.