Question: Could You Explain What Burden Of Proof Means In Georgia?

Answer: It’s the standard in a criminal trial in Georgia. The prosecutor has to prove the defendant’s guilt beyond any reasonable doubt. That’s the standard. So the burden of proof is on the state and on the prosecutor to prove beyond any reasonable doubt that the person charged with DUI in fact committed DUI. The judge would tell a jury that if their minds were wavering, unsettled or unsatisfied about the guilt of the defendant, then the burden of proof has not been met by the prosecutors. The defendant has no burden of proof at all. They don’t have to prove anything. The burden’s entirely on the state to prove every element of the offense.

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