Burden of proof refers to the amount of evidence or proof required to adequately prove disputed facts in a court of law, and which party has the obligation to prove the disputed facts in order to prevail in court. In criminal prosecutions (cases) the government or prosecution has the burden to prove the accused defendant’s guilt beyond a reasonable doubt. This has been the standard for criminal prosecutions in the United States since at least 1880 when it was first mentioned by the U.S. Supreme Court. The determination of whether there is reasonable doubt as to an accused defendant’s guilt may be characterized by the question of whether there is an alternative explanation of the facts that seems plausible to the jurors.

In the state of Georgia, as in all states across the United States, the burden of proof in criminal prosecutions lies with the government or prosecution. This means that it is the responsibility of the prosecution to prove the defendant's guilt 'beyond a reasonable doubt.' This standard is the highest in the legal system and has been a cornerstone of criminal law since it was established by the U.S. Supreme Court in the late 19th century. The concept of 'reasonable doubt' implies that there should be no plausible alternative explanation for the facts presented that could lead to the defendant's innocence. If the jurors find that such an alternative explanation exists, they are obliged to acquit the defendant. This standard ensures that there is a high level of certainty before someone can be deprived of their liberty due to a criminal conviction.