Who typically has the burden of going forward with the proofs in a criminal case?

In a criminal case, the prosecutor typically has the burden of going forward with the proofs. This means that the prosecutor is responsible for presenting evidence to establish the defendant's guilt beyond a reasonable doubt. The burden of proof is a fundamental principle in criminal law, which serves to ensure that it is the state, as represented by the prosecutor, that must demonstrate the defendant’s culpability. This standard is critical to ensuring a fair trial, as it protects individuals from wrongful convictions by requiring the state to carry the responsibility for proving its case.

The defense attorney's role is to challenge the evidence presented by the prosecution and advocate for the defendant. The judge oversees the proceedings but does not have a role in presenting evidence for either side. The jury, if present, is tasked with evaluating the evidence presented during the trial and rendering a verdict based on that evidence, but they do not carry the burden of proof themselves. Thus, the prosecutor’s responsibility to provide evidence is central to the prosecution in a criminal trial.