Burden of Proof

A legal notion – associated with the situation in a criminal proceeding wherein the accused has no obligation to prove his or her innocence and is considered innocent until proven guilty beyond all reasonable doubt (this is called the presumption of innocence) – and extended outside of court concerning claims advanced in the public arena, especially questionable claims or claims where it is not clear (at least initially) whether a claim is true.

The “burden of proof” is the responsibility of showing a claim one is speaking in favour of or has advanced is true, or in some cases, is acceptable and on occasion involves a circumstance plagued by fallacious thinking such that a lack of evidence on one side is taken as (good or compelling) support for the other side, in cases in which the burden of proof rests with the latter side. Creationists have on occasion attempted to enlist this fallacy to help ‘prove’ their case against Darwinian evolution.

As a consumer of scientific information it should always be the case that those who produce or purvey specific contentions or conclusions have the obligation of providing data which constitutes good evidence for their claims.

Shifting the Burden of Proof

Implying or asserting that opponents or other parties should disprove one’s claim, rather than advancing a good argument in support of it oneself. (see: Special pleading)

(see also: proof, appeal to ignorance, presumption, assumption, context, background information, argument, claim, evidence, conclusion, establish, support, ground, justification, controversies)