Editing Burden of proof (law) (section)

== Definition ==
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).<ref>Black's Law Dictionary, p 80 (2d pocket ed 1996); {{ISBN|0-314-25791-8}}</ref><ref>Barron's Law Dictionary, pp. 55-56 (2nd ed. 1984); Black's Law Dictionary, p. 178 (5th ed. 1979).</ref>

A "burden of persuasion" or "risk of non-persuasion"<ref>Barron's Law Dictionary, p. 55 (2nd ed. 1984).</ref> is an obligation that remains on a single party for the duration of the court proceeding.<ref>Black's Law Dictionary, p. 178 (5th ed. 1979).</ref> Once the burden has been entirely discharged to the satisfaction of the [[trier of fact]], the party carrying the burden will succeed in its claim. For example, the [[presumption of innocence]] in a criminal case places a legal burden upon the prosecution to prove all elements of the offense (generally beyond a reasonable doubt), and to disprove all the defenses except for [[affirmative defense]]s in which the proof of non-existence of all affirmative defense(s) is not constitutionally required of the prosecution.<ref>''Patterson v. New York'', {{ussc|432|197|1977}}</ref>

The burden of persuasion should not be confused with the [[evidential burden]], or burden of production, or duty of producing (or going forward with evidence)<ref>Barron's Law Dictionary, p. 56 (2nd ed. 1984).</ref> which is an obligation that may shift between parties over the course of the hearing or trial. The evidential burden is the burden to adduce sufficient evidence to properly raise an issue at court.

There is no burden of proof with regard to motive or animus in criminal cases in the United States. The intent surrounding an offense is nevertheless crucial to the elements of the offense in a first-degree-murder conviction.<ref>{{Cite web|url=https://dictionary.law.com/Default.aspx?selected=754|archiveurl=https://web.archive.org/web/20200520141001/https://dictionary.law.com/Default.aspx?selected=754|url-status=dead|title=Legal Dictionary - Law.com|archivedate=May 20, 2020|website=Law.com Legal Dictionary}}</ref> This brings up the ethical dilemma of whether or not a death sentence should be imposed when the defendant's motives or intentions are the contingent factors in sentencing.  However, in some cases such as defamation suits with a public figure as the defamed party, the public figure must prove actual malice.