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shifting the burden of proof - Legal Definition. Removing the burden of proof from one party, which has presented a prima facie case, and shifting it to the other side to rebut that case. See also burden and burden of proof.
Thus, the burden of proof is very high in criminal cases. Prosecutors must be able to prove their version of the facts beyond a reasonable doubt. In criminal cases, this burden of proof requires that the prosecution demonstrate the defendantâs guilt for each element of the crime beyond a reasonable doubt.