Final answer:
The correct statement in most criminal law is that the onus is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The accused is presumed innocent until proven guilty, with the prosecution bearing the burden of proof during the trial.
Step-by-step explanation:
In most criminal law systems, including that of the United States, a fundamental principle is that a person is presumed innocent until proven guilty. This concept is enshrined in the Sixth Amendment of the U.S. Constitution, ensuring that every defendant has the right to a fair trial. Therefore, the correct statement is that the onus is on the prosecution to establish guilt. It is specifically the prosecution's responsibility to prove the defendant's guilt beyond a reasonable doubt, which is the highest standard of proof in the legal system.
The defense's role is to cast doubt on the prosecution's evidence and maintain the innocence of the accused. The judge oversees the fairness of the proceedings, and in many cases, a jury is responsible for determining innocence or guilt based upon the evidence presented. The plaintiff in criminal cases is always the government, either state or federal, and the defendant is the party accused of the crime.
If a defendant is found not guilty in a criminal trial, they cannot be prosecuted for the same offense again due to the protection against double jeopardy; however, they can be tried in civil court for related claims, as civil law requires a lower standard of proof, referred to as a preponderance of the evidence.