In a criminal trial, what does the presumption of innocence generally require?

Correct answer: C. The prosecution must establish guilt according to the criminal standard of proof

  • A. The court must accept the accused’s explanation whenever it is plausible
  • B. The accused must prove innocence before the prosecution presents its case
  • C. The prosecution must establish guilt according to the criminal standard of proof
  • D. The complainant must personally prove every fact without prosecutorial assistance

Explanation

The presumption of innocence places the primary burden of proving guilt on the prosecution, normally beyond reasonable doubt. It does not require the accused to prove innocence as the starting point of the trial.

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Criminal law identifies offences against the state, persons and property, and explains the requirements of actus reus and mens rea for establishing liability. It also covers stages of crime, abetment, attempt, joint and common intention, general exceptions, criminal responsibility and punishments, distinguishing substantive offences from criminal procedure.

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