Question

At the onset of a criminal trial, the evidentiary burden rests on the state. When the state has made out a prima facie case against the accused, the evidentiary burden is transferred to the accused, who must now discharge that burden.

Do you agree with this statement?

A.
Yes. The duty to start proceedings rests on the state. It is then followed by the case for the defence.

B.
Yes. The evidentiary burden moves to the party who must adduce evidence to combat a prima facie case made by his opponent.

C.
No. In criminal trials, the evidentiary burden always rests on the state throughout the trial.

D.
No. The evidentiary burden rests with both parties. It is the procedural burden to call witnesses and lead evidence.

1 points

Answer 1

B. Yes. The evidentiary burden moves to the party who must adduce evidence to combat a prima facie case made by his opponent.