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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.
Burden- and Standard-of-Proof Articles
Burden- and Standard-of-Proof Articles
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Burdens of Proof in Criminal Cases
Generally, the prosecution has the burden of proving every element of the crime beyond a reasonable doubt. Must the defendant then disprove every element?
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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.
Questions About Burdens and Standards
Questions About Burdens and Standards
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What's the difference between the burden of proof and the standard of proof?
One party generally has the burden of proving its case to the factfinder by a standard of certainty demanded by the law.
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