alt Hacker NewsIdeally, the prosecutor bears the burden of proof. We generally shouldn't impose systems that require defendants to prove a negative. I recognize that reality does not necessarily match this ideal.
Ideally, the prosecutor bears the burden of proof. We generally shouldn't impose systems that require defendants to prove a negative. I recognize that reality does not necessarily match this ideal.
It's ultimately up to juries to decide whether a defendant's assertion that evidence is fake is enough to constitute reasonable doubt in the absence of hard evidence for it. I imagine that's going to be very context-dependent. It would probably work if I was accused of this, with no history of anything like this, versus a guy who does this frequently, posts videos of himself doing it regularly, and never gave any indication they're fake until he got in trouble.