Standards of Proof

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

A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.

Reasonable Suspicion

Reasonable suspicion is the standard required before a police officer may stop and question an individual against their will. In Terry v. Ohio the court stated that reasonable suspicion meant that the police officer:

observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and deangerous, where in the course of investigating this behavior he identifies himself as a policeman adn makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitlted for the protection of himself and others in the area to conduct a carefully limited search of the outer clothignh of such persons in an attempt to discover weapons which might be useful to assault him"

Probable Cause

Preponderance of the Evidence

Clear and Convincing Evidence

Proof Beyond a Reasonable Doubt

Proof Beyond a Shadow of a Doubt

Notes