Levels of Burden of Proof
- The burden of proof in a criminal case requires guilt be established beyond a reasonable doubt. The reasonable doubt standard does not exclude jurors from being skeptical. It means all reasonable possibilities of innocence must be eliminated. A prosecutor is not required to dispel incredulous, unreasonable notions posed by a defense attorney. She must provide enough conclusive proof to strike down all logical defenses. Reasonable doubt is the most difficult level of legal proof to meet.
- The burden of proof in certain civil cases must be met by clear and convincing evidence. The clear and convincing standard is categorized slightly below reasonable doubt. A party bearing this burden must firmly persuade a judge or jury that he should prevail. A minority of cases require a clear and convincing standard.
- Plaintiffs in most civil cases must prove their cases by a preponderance of the evidence. A preponderance is the lowest level of legal proof. It requires a plaintiff convince a judge or jury that she is probably correct. The scales of justice need only to tip slightly in favor of the plaintiff to fulfill his burden of proof.
- All burdens of proof must be met with reliable evidence.Photos.com/Photos.com/Getty Images
Admissible evidence is required to meet any level of proof. The law requires credible witnesses and reliable evidence to support criminal and civil burdens alike. The production of sound evidence is the first step in meeting any burden of proof. Delivering the evidence in a persuasive manner is the second step in meeting the burden. A party who artfully crafts legal arguments based on reliable grounds will meet her burden of proof. A party is always advised to rely on his personal attorney for assistance with specific, legal matters.
