Standards of Proof

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Background

A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.

Burdens are allocated in shift risk of error from one party to the other.

Types of Burdens

  • Burden of Persuasion
  • Evidential Burden
  • Burden of Proof

Various Standards of Proof

Scintilla

Air of Reality

Reasonable Suspicion

Probable Cause

Preponderance of the Evidence

Clear and Convincing Evidence

Proof Beyond a Reasonable Doubt

Proof Beyond a Shadow of a Doubt