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Evidential burden or "production burden"〔Barron's Law Dictionary, p. 56 (2nd ed. 1984).〕 is the obligation to produce evidence to properly raise an issue at trial. Failure to satisfy the evidential burden means that an issue cannot be raised at a court of law. ==Definition== Evidential burden has been described as the obligation "to show, if called upon to do so, that there is sufficient evidence to raise an issue as to the existence or non-existence of a fact in issue, due regard being had to the standard of proof demanded of the party under such obligation". Lord Bingham said that evidential burden is not a burden of proof, but rather a burden of raising an issue as to the matter in question fit for consideration by the tribunal of fact. In the criminal law context, if an issue is properly raised, it is for the prosecutor to prove, beyond reasonable doubt, that that issue does not avail the defendant." In the United States, however, both the burden of production and the burden of persuasion are referred to as "burdens of proof."〔Barron's Law Dictionary, pp. 55-56 (2nd ed. 1984).〕 An evidential burden compels a party to produce evidence to support their position regarding an issue. This burden can rest on either party, although it usually relates to matters of defence raised by the accused. Some defences impose an evidential burden on the defendant which, if met, shift the evidential burden to the prosecution. For example, if a person charged with murder pleads self-defense, the defendant must satisfy the evidential burden that there are some evidence suggesting self-defence. The evidential burden will then fall on the prosecution to produce evidence to support their position. In such a case, a legal burden will always rest on the prosecution to prove beyond reasonable doubt that the defendant was not acting in self-defence. A legal burden is determined by substantive law, rests upon one party and never shifts. The satisfaction of the evidential burden has sometimes been described as "shifting the burden of proof", a label which has been criticized because the burden placed on a defendant is not the legal burden of proof resting on the prosecution. To satisfy the burden, there must be evidence which both supported the issue and which is sufficiently substantial to raise a reasonable doubt as to the accused’s guilt. Whether the burden is satisfied is a matter for the judge. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「evidential burden」の詳細全文を読む スポンサード リンク
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