The burden of proof and the standard of proof are separate
How can one event lead to an acquittal in a criminal court and liability in a civil case? In many common-law systems, an ordinary civil claim uses a more-likely-than-not standard, while a criminal conviction requires proof beyond reasonable doubt. Who must prove a claim is a separate question from how convincing that proof must be, and particular claims can have different rules.
Questions you could explore
- Why would a different outcome in civil and criminal proceedings not automatically mean one court ignored the evidence?
- How does the burden of producing proof differ from the standard that the evidence must meet?
Start reading
- Cornell Law School, Legal Information InstitutePreponderance of the evidence
Explains the ordinary US civil standard as more likely than not, rather than the higher criminal standard. Particular claims can require a different standard.
- Cornell Law School, Legal Information InstituteBeyond a reasonable doubt
Introduces the US criminal standard of proof. Use it to compare standards, keeping burden of proof separate from the level of certainty required.
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