Different levels of "proof." "Preponderance of the evidence" is 51% sure. "Beyond a reasonable doubt" is based on what a "reasonable person" would say happened. You are sure.
2007-03-11 18:12:28
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answer #1
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answered by ? 4
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Preponderance Of Doubt
2017-01-16 15:13:40
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answer #2
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answered by Anonymous
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Beyond a reasonable doubt
This is the standard required by the prosecution in most criminal cases within an adversarial system. This means that the proposition must be proven to the extent that there is no "reasonable doubt" in the mind of a reasonable person. There can still be a doubt, but only to the extent that it would be "unreasonable" to assume the falsity of the proposition. The precise meaning of words such as "reasonable" and "doubt" are usually defined within jurisprudence of the applicable country. In the United States, it is usually reversible error to instruct a jury that they should find guilt on a certain percentage of certainty (such as 90% certain). Usually, reasonable doubt is defined as "any doubt which would make a reasonable person hesitate in the most important of his or her affairs."
Balance of probabilities
Also known as the "preponderance of evidence", this is the standard required in most civil cases. The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50% chance that the proposition is true. Lord Denning in Miller v. Minister of Pension described it simply as "more probable than not".
So it's 90% sure and 50% sure
2007-03-11 18:07:17
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answer #3
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answered by Anonymous
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Preponderance of the evidence is the standard in a civil trial like where you get sued and the burden of proof is 51% or more to the losers 49% or less.
Criminal trial uses a standard which is higher, called beyond a reasonable doubt. Which means not there is absolutely 100% proof they did it, but there is no "reasonable" doubt that they did it. A much higher standard than civil and perhaps even higher than is reasonable.
2007-03-11 18:06:48
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answer #4
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answered by 9D4KHP 2
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The former is simply meant to mean a 'ton' of evidence(supposedly at a trial and purportedly pointing strongly in the direction that may indicate an accused's guilt or innocence depending on which side is using the described 'preponderance'). The latter is the basis used for judging one guilty or not at a trial before a jury of his(her) peers composed of 12 persons chosen by the indulgence of the District Attorny's Office's representative and the attorny for the accused. This would apply only in a court of law and not in a 'civil' case. Case in point - O.J. Simpson. It may be noted that some 'trials' are heard by judges alone - many at the request of the accused. In all criminal cases, to my knowlege, the accused has a 'right' to a jury trial.
2007-03-11 18:25:19
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answer #5
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answered by Anonymous
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"Preponderance" means "more likely than not" ("probably").
It is the standard of evidence used in most civil matters, or when asserting an affirmative defense in criminal matters.
Beyond a reasonable doubt is the standard (in the US) for criminal prosecutions. The specific wording of the jury instruction varies by jurisdiction, but the basic concept is that it doesn't refer to any whimsical or abstract doubt, since all human endeavor is open to some doubt.
Rather, it refers whether there is any serious question or dispute about facts, or whether the prosecution has proven every element to such a degree that it's almost certain.
2007-03-11 18:10:45
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answer #6
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answered by coragryph 7
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preponderance is whether the trier of fact (judge, jury etc.) determines the has a greater probability of being truthful or accurate (51%). It does not necessarily include the volume of evidence.
beyond reasonable doubt is proof so convincing that the trier of fact would rely on this information and act upon it without reservation or hesitation. it does not mean an absolute certainty. This distinction is very important.
2007-03-11 18:14:38
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answer #7
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answered by swmtime 1
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A,,,liddle brudder is seen at fridge,door open drinking the last of the sixer that you bough the nite before; he dood it. ya seenem doodit.B next day at 7;30 am,ya got no time ta make a samwich er eat brefrixt,so ya grab da last nonexistent coke from da fridge;ya look behind da milk;nope;in the veggie drawer;nope;next ta da mayonaise onda side;nope;yer parents both eat nuttin but stuff from wholefoods;yer liddle sister eats nothin that aint chinese,,,,,,,,,,,ya think yer brudder didit.ya know he didit;;;;;;;;but ya can't prove it
2007-03-11 18:32:14
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answer #8
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answered by quackpotwatcher 5
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2016-11-24 21:46:29
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answer #9
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answered by ? 4
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