the obligation, in criminal cases resting initially on the prosecution, to provide evidence that will convince the court or jury of the truth of one’s contention
the Latin maxim semper necessitas probandi incumbit ei qui agit, - “the necessity of proof always lies with the person who lays charges.”
He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party