The Pillars of Justice: Understanding the Burden of Proof
Posted: Sat Aug 16, 2025 9:08 am
The Pillars of Justice: Understanding the Burden of Proof
As a self-represented litigant, one must be acutely aware of the burden of proof because it is a consistent element throughout litigation. It is the responsibility of one party or the other to prove the claims they are making. It is crucial to understand what the burden of proof is, who it's on, and how it can differ in each case.
The Burden of Proof in Criminal Proceedings
In criminal proceedings, the burden of proof rests solely on the prosecutor. It is their job to prove that the accused committed the crime, and this responsibility remains with them for the entire duration of the trial. If the prosecutor fails to provide sufficient proof to persuade a judge or a jury, the defendant must be released. In many places, such as the United States, a jury must reach a unanimous verdict of guilt for a person to be convicted. If even a single juror disagrees, the defendant is not found guilty. This makes the position of the defendant one of the easiest, as the state must prove its case with evidence and law to convince a judge or jury of their guilt.
The Burden of Proof in Civil Matters
Civil matters are more complicated because the burden of proof can vary depending on the specific cause of action, or tort. Additionally, the burden of proof can actually shift throughout the proceedings. The basic principle is that "he who affirms must prove their claims". So, if you are making a claim against someone, it is your responsibility to prove it. If you can provide proof of your claim—that someone caused you injury—then the burden of proof shifts to the person who caused the injury. They must then provide a lawful excuse for their actions, such as negligence or a mistake, to avoid being held accountable. If they cannot provide a lawful excuse, they are held accountable and may have to pay damages or restitution.
The Importance of the Burden of Proof in Common Law
The burden of proof is an essential element of common law. The entire purpose is to ensure that the person making a claim is the one who has to prove it. Without this principle, people could make claims against each other without any proof, leading to a chaotic system. The foundation of this system is that claims are proven through an evidentiary body. This includes provable facts, which are reproducible or known to be true. It also involves the application of case law, which shows how other judges have ruled in similar circumstances, and jurisprudence, the philosophy of law.
The Challenge of Proving a Negative
One of the fundamental legal maxims is that "he who denies has no requirement for proof". It is impossible to prove a non-existent thing. For example, if you are denying that something happened, you are not required to prove that it didn't. The burden of proof is on the person who claims something did happen because that is a positive proof that can be demonstrated with evidence and testimony.
The Role of Natural Justice
The foundation of justice is natural justice, which dictates that everyone has a right to be heard and to face their accuser. This means that legal proceedings should not happen in secret. You must be able to hear the charges against you and know who is bringing them so that you can properly mount a defense. Secret trials and accusations prevent you from rebutting presumptions or responding to claims against you. A fair, open, and honest hearing is the only way to logically and realistically counteract a claim, whether it is for a civil tort or a criminal charge. You must have the opportunity to hear the accusations, rebut them, and present your own evidence. This process is what gives the system its credibility.
A Conclusion on the Pillars of Justice
The British common law system, and its central tenet of the burden of proof, has endured for so long because it sounds good in theory and people agree to it. The system must uphold the premise of the rule of law, which is based on natural justice, to maintain its validity and relevance. As a self-represented litigant, you can leverage this principle to hold everyone within the judicial system—including judges and lawyers—accountable. If the system abandons this premise of legitimacy, it will lose its credibility, and people will no longer believe in it. The day the system loses its foundation is the day it falls apart, and all its players will be out of a job.