Burden and Standard of Proof

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Burden and Standard of Proof

Category: Case Study

Subcategory: Criminal law

Level: College

Pages: 1

Words: 275

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The Burden Of Proof and Standard of Proof
These two sets of proof decide which party should prove what and the extent to which they should prove the matter. In a case, both criminal or civil, one of the parties always has the “the burden.” This implies that this party has to prove their case in front of the jury or judge (Taylor et al). For instance, the prosecution in a criminal case has the obligation of proving that the defendant committed the offence. It is every person’s constitutional right to be presumed innocent until proven guilty; this implies that the state has the burden of providing evidence to support the accusations. On the other hand, the standard of proof entails the degree towards which the side with the responsibility has to offer evidence of their case (Botteman, Yves). High staked cases have high standards of proof.
Criminal cases are meant to prosecute felons while civil trials are necessary for presiding over two private parties in disagreement with each other (Clark, John, et al.). Therefore, the two types of cases have different burdens and standards of proof. For criminal cases, the prosecutor has to prove that the defendant is guilty “beyond reasonable doubt”. A conviction will only be made if the accused undoubtedly committed the crime. Conversely, in civil cases, a party has to provide substantial evidence to back up their theory; no reasonable doubt is necessary as it is, the h…

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