What is the burden of proof in a criminal case? Civil case? Why is there a difference?

Answer 1

Criminal case -- beyond a reasonable doubt for all elements of the crime proven by the prosecution; preponderance of the evidence (more likely than not) for affirmative defenses proven by the defense; either preponderance or "clear and convincing" for evidentiary issues.

Civil cases -- either preponderance or clear-and-convincing, depending on the nature of the case, burden born by each party asserting.

The difference is because when a person's liberty is at stake (potential jail time), only the strictest interpretations of the law can be used against the defendant. So, the prosecution is held to the highest burden of proof.

Answer 2

Burdens of proof come in three different flavors. There is "proof by a preponderance of the evidence," which means that, upon weighing the evidence offered by each side, the 'weightier' case win. The one with a greater quantity of quality evidence is the winner. This burden of proof applies when determining whether a civil verdict will be for plaintiff or defendant. It is also the burden of proof applied when deciding the admissibility of the evidence in any case. The next standard is "clear and convincing proof." This applies to certain limited circumstances, where more evidence than "more likely than not" is needed. For example, proceedings to terminate parental rights for permanent neglect require clear and convincing proof. The highest standard known to the law is "proof beyond a reasonable doubt." This does not mean absolute certainty, it does not mean a conclusion that is free of all doubt whatsoever. It means a REASONABLE certainty, one that is free from reasonable doubts, one that a reasonable person would treat as sufficient to make a morally certain determination.

Answer 3

The burden of proof in a criminal case is beyond a reasonable doubt, not beyond any doubt, just a reasonable one. In civil matters it's difference. In civil matters it's the preponderance of the evidence. Once it the evidence is 51% in your favor it's more likely your right and the other person is wrong.

Answer 4

It varies, in Australia:

Criminal - Beyond reasonable doubt. I think the jurors are suppose to put the hypothetical 'would I bet my house on it'

Civil - Balance of probabilities. Which ever side is more likely.

Criminal is much more because you are taking rights away from a person, whereas civil is more about compensation then right and wrong.

Answer 5

Criminal= 100% guilty beyond a reasonable doubt.
Civil= 51% guilty.

One involves jail time, the other involves torts of negligence ($$).