Burden of proof
The burden of proof is a fundamental concept in legal proceedings, especially in criminal cases, which outlines the obligation to present evidence to support claims. It consists of two key components: the burden of production and the burden of persuasion. In criminal cases, the prosecution holds the burden of production, meaning they must provide sufficient evidence to support the charges against a defendant. If the prosecution fails to meet this burden, the case may be dismissed. The burden of persuasion, on the other hand, involves convincing the jury of the merits of the case based on the evidence presented, with various standards of proof ranging from "preponderance of the evidence" in civil cases to "proof beyond a reasonable doubt" in criminal cases.
This highest standard requires juries to achieve a high level of certainty—generally understood as 90-95%—before reaching a conviction. Defendants are presumed innocent until proven guilty, and every aspect of the prosecution's claims must be substantiated. Unique scenarios can arise when the same facts lead to both criminal and civil cases, resulting in different burdens of proof and potentially varying outcomes, as illustrated by the O.J. Simpson case. Understanding the burden of proof is crucial for comprehending how justice is administered and how legal rights are protected within the judicial system.
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Burden of proof
SIGNIFICANCE: Gathering facts and presenting them as evidence are essential components of criminal procedure; convictions for crime require enough facts to add up to proof beyond a reasonable doubt.
The concept of burden of proof encompasses two types of burdens: the burden of production and the burden of persuasion. Although similar, each has different distinctions. In criminal cases, the prosecution bears the burden of production; it must offer sufficient evidence to support a claim. If the prosecution does not proceed with its initial presentation of evidence supporting an action, the case will not move forward, and the judge has authority to terminate the proceedings. If the evidence the prosecution offers is not sufficient to support its allegations, the defense will request a directed verdict, asking the judge to end the case with a verdict in its favor because the party with the burden of production has failed to meet that burden. If the motion is granted, the case ends. If it is denied, the case continues.
The burden of production is met in various ways: presenting physical evidence, introducing exhibits, and presenting witnesses to testify about events related to cases. In criminal cases, the US Constitution requires that the government (prosecution) present proof that defendants have committed crimes. Judges determine whether the parties have met their burden of production. Generally, the burden of production remains with the prosecution and does not shift in criminal cases. However, when defendants raise defenses that require proof, such as insanity, the burden of production shifts.
Burden of Persuasion
The burden of persuasion requires presentation of evidence that will convince juries that certain parties should prevail. Juries, not judges, make those determinations. Juries must measure the facts that they find from the evidence according to three standards of proof. First is the preponderance, or weight, of the evidence in which plaintiffs must tip the scales, indicating that there is more credible or convincing evidence on one side than on the other (used in civil cases only). The second is clear and convincing evidence (also used in some civil cases) that attains a higher standard of proof than preponderance of the evidence. The third and highest standard is proof beyond a reasonable doubt, which is required in all criminal cases.
The government bears the burden of providing to juries evidence that is of sufficient quality to demonstrate high probability of guilt. It should be noted that this burden of proof does not require “proof beyond any doubt,” but rather, “proof beyond a reasonable doubt.” In mathematical terms, this standard might equate to a 90–95 percent certainty on the part of juries that defendants are guilty of the crimes with which they are charged. Defendants in criminal cases are presumed to be innocent until proven guilty, and every element of the charges must be proved beyond a reasonable doubt.
There are instances in which the same set of facts give rise to two different lawsuits, criminal and civil. In such situations, the burdens of proof are different and the results may also differ. For example, in the O. J. Simpson murder case of the mid-1990s, Simpson was found not guilty in his criminal murder trial but was found liable for wrongful death in a civil case, which had a less stringent burden of proof.
Bibliography
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