Burden of Proof
"Beyond a reasonable doubt" is perhaps the most famous legal standard. It's the standard of proof for the prosecution—who has the burden of proving the defendant guilty—in a criminal case. But other standards of proof come into play in both criminal and civil cases, and the burden of proof can shift from one side to the other.
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Burdens of Proof in Criminal Cases
Generally, the prosecution has the burden of proving every
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The following are the most common standards of proof in civil and criminal cases, from lowest to highest. The standard that applies depends on the type of case.
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What's the difference between the burden of proof and the standard of proof?
Every day, in courtrooms around the country, legal matters are being argued in front of judges and juries.
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- Criminal Jurisdiction
- Criminal State of Mind
- Defenses to Criminal Charges
- Discovery: Finding Out About the Prosecutor’s Case
- Double Jeopardy
- Eyewitness Identification
- Forensic Evidence
- Investigation in Criminal Cases
- Juries in Criminal Cases
- Lesser Included Offenses
- Rules of Evidence
- The Privilege Against Self-Incrimination
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