One of the necessary provisions to achieve success in civil or criminal trials is to fulfill the burden of proof since a failure to meet it frequently leads to appeals. In general, the burden of proof relates to a party’s obligation to provide evidence on the criminal charge, claim, fact, or another subject of the lawsuit to have them legally established. Thus, this standard determines the required quantity and quality of the evidence that persuades the judge or jury and attains the standard specified in the burden of persuasion. This paper aims to examine the difference between the burden of proof in civil and criminal cases.
In civil lawsuits, including personal injury cases, the plaintiff’s burden of proof is known as the predominance of evidence. To meet the preponderance of the evidence, the plaintiff should provide slightly better proof than the defense. In particular, a civil case victim has to assure a judge or jury that “a greater than 50 percent chance that the claim is true” exists (Law Office of Vikas Bajaj, APC). Therefore, the plaintiff can convince the jury to conclude in his or her favor by creating the impression that his or her story is slightly more substantial than that of the defendant. The plaintiff loses the case if he or she offers evidence that a judge or jury considers to be of dubious quality.
In criminal cases, the burden of proof rests with the prosecution that has to set a fact beyond a reasonable doubt. Generally, the defendant’s presumption of innocence, guaranteed by the Constitution, must be refuted by the prosecution’s evidence. It is worth noting that this type of burden of proof is the most complicated in law since judges have yet defined this burden of proof and the term “beyond a reasonable doubt” (Law Office of Vikas Bajaj, APC). If the case lacks credible and convincing evidence and there is a slight chance that the defendant is innocent, the fact trier should acquit the accused.
References
“The Burden of Proof in Criminal and Civil Cases.”Law Office of Vikas Bajaj, APC, 2018. Web.