In the United States, when it comes to criminal law, the burden of proof is on the accuser. What that means is, to use a common colloquialism, you are innocent until proven guilty. In defending yourself against criminal accusations, the burden is on the accuser (the government) to prove beyond a reasonable doubt that you committed the crime for which you are charged. You don’t have to prove anything (although it doesn’t hurt to do so). Not only does the accuser have to prove his case beyond a reasonable doubt, but twelve individuals all have to agree unanimously that he has done so.
If you, as the accused, have raised a reasonable doubt in the mind of just 1/12th (8.3 percent) of the jury, you go free. This hearkens back to the founders’ doctrine that it was better to let a guilty man go free than to ever take away the freedom of an innocent man.
Unfortunately, this doctrine isn’t always applied anymore.
The Sixth Amendment to the U.S. Constitution states clearly how criminal trials are to be handled in the United States:
