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burden of proof

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Old Jun 2nd, 2007, 12:46 PM     #1
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Default burden of proof

what is the burden of proof in a criminal case, what does that actually mean?
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Old Jun 2nd, 2007, 12:47 PM     #2
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Default Re: burden of proof

Preponderance of the evidence -- the burden of proof in civil cases. Evidence which, as a whole, shows that the fact sought to be proved is more probable than not. Evidence which is more credible and convincing to the mind. It is generally visualized as that side of the dispute toward which the scales tip when the credible evidence is weighed by the trier of fact. Something more than 50% of the credible evidence.

Clear and convincing -- the burden of proof in selected proceedings, such as termination of parental rights. A measure of proof which produces a firm belief or a high probability as to the allegations. It is difficult to quantify, but is more than a "preponderance" and less than "beyond a reasonable doubt".

Beyond a reasonable doubt -- the burden of proof in criminal cases. The degree of belief a criminal juror (or the judge in a bench trial) must have regarding all factual elements of a charged crime. No doubt, based on reason and common sense, can exist as to any fact needed to be proved.
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