Washington State Security Guard License Practice Exam

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Which of the following is true in most criminal law?

Assumed guilty until proven innocent
The onus is on the accused to prove innocence
The onus is on the complainant to prove guilt
The burden of proof is on both parties to the offence

The correct answer is: The onus is on the complainant to prove guilt

In most criminal law situations, the correct principle is that the onus or burden is on the complainant, or more generally, the prosecution, to prove the guilt of the accused. This is often stated as "innocent until proven guilty". It stems from the legal principle in common law that it is better to let a guilty person go free than to punish an innocent one. Therefore, the burden of proving a crime always rests on the prosecution and they need to clearly establish the guilt of the defendant based on the evidence. The defendant doesn't need to prove his or her innocence, and in fact can choose not to present any defense. Hence, option C is the correct answer.