Legal Dictionary

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Burden of Persuasion

The burden of persuasion refers to the prosecution's duty to persuade the jury or judge that the facts are true and support the State's allegations. If the burden of persuasion is not satisfied, the State will lose the case. Burden of Persuasion is used interchangeably with the term “burden of proof.” In criminal cases, the prosecution's burden of persuasion or burden of proof is “beyond a reasonable doubt.” See also, Burden Of Proof.