U3AOS1 Topic 2: Principles of the criminal justice system

Study design dot point: - Key principles of the criminal justice system, including the burden of proof, the standard of proof, and the presumption of innocence.

Burden of proof:

- Refers to the party which has the duty or onus to prove the facts of the case. In criminal law, the burden of proof rests with the prosecution. That is, the prosecution has the onus to prove the facts of the case and that the accused is guilty of the alleged crime.

- Can be reversed in some instances, i.e. when the accused is pleading a defence such as mental impairment. Typically, in the context of past VCE Legal Studies exams, such reversals are rarely depicted.

Standard of proof:

- Refers to the level of certainty or the strength of the evidence that is required to prove the case. In a criminal case, the standard of proof is 'beyond reasonable doubt'. That is, the prosecution must prove that the accused is guilty, beyond a reasonable doubt, of the alleged crime. 

- Beyond reasonable doubt entails that no reasonable doubt is possible from the evidence or facts presented in the case. This does not include members of the jury or the Magistrate being able to imagine fanciful or unreasonable doubts about the accused person's guilt. 

- Beyond reasonable doubt does NOT mean that there is no doubt at all exists as to whether the accused is guilty. It simply means that, based off of the evidence presented in the case, no reasonable doubt can arise. 

The presumption of innocence

- Refers to the right of a person accused with a crime to be presumed innocent or not guilty, unless prove beyond a reasonable doubt, that they are guilty.

- This right is guaranteed by both an old common law right and by the Charter of Human Rights and Responsibilities Act 2006 (Vic).

- The presumption of innocence is upheld in two ways: by having a high standard/requirement on the prosecution to prove the accused's guilt 'beyond a reasonable doubt' and by placing the burden of proof on the prosecution. By placing the burden of proof on the prosecution, it means that the accused person's are NOT required to prove their innocence. They are presumed innocent until proven guilty.