Burden of proof in criminal cases: exploring the balance between prosecution and defense

Abstract

This study examines the burden of proof in criminal cases, focusing on the critical balance between prosecution and defense within Bangladesh's legal system. It explores the foundational principle of fairness in criminal justice, emphasizing the burden of proof as a key element in the judicial process. Influenced by its British common law heritage, Bangladesh's legal system presents unique challenges and characteristics in applying this concept. The study delves into the legal frameworks governing the burden of proof, particularly the presumption of innocence and the prosecution's responsibility to prove guilt beyond a reasonable doubt. It addresses the shifting of the burden in specific cases, such as claims of alibi or insanity, and the role of legal presumptions and inferences in the trial process. Challenges in establishing a fair burden of proof are explored, including issues related to evidence quality, witness credibility, legal representation, and systemic challenges in the judicial system. The study underscores the importance of maintaining a balance in criminal trials to prevent wrongful convictions and ensure public trust in the judiciary. the study concludes with important findings and recommendations, emphasizing the necessity for more precise definitions of 'reasonable doubt', equitable resource distribution, improved legal representation, and a stronger appellate system. It offers a detailed analysis of the burden of proof in Bangladesh's criminal justice system, advocating for reforms to achieve a fairer and more efficient justice system.