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: Burden of proof is not about evidence versus proof. Google it.
"Proven beyond a shadow of a doubt"
The burden of proof is the obligation resting on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one's own position.
No one can observe the past event.
Burden of proof falls on the prosecutor because the default stance is that the defendant is innocent until proven guilty.
Evidence is provided (explanations of observations - eg "this gun was found in the defendant's pocket") to support the claim that A) the defendant is guilty or B) the defendant remains innocent (eg "finger prints of another party were found all over the gun, and not the defendant's").
The ruling is based based on which side has the more likely explanation of events.
Default stance: The defendant is innocent.
Burden of proof: Prove the defendant is guilty.
Yes, I understand "burden of proof". That is not the point of this thread.