A burden of proof is “the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.” The plaintiff carries the burden of proof.
What Are the Burdens of Proof for Criminal and Civil Cases?
In our legal system, there are three primary burdens of proof. Each reflects a different level of certainty that the party bringing a claim must meet.
Guilt Beyond a Reasonable Doubt
This is the highest standard of proof. A person cannot be convicted of a crime “except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which they are charged.” It is intentionally strict because a criminal conviction can take away a person’s liberty.
Clear and Convincing Evidence
This standard requires evidence showing that the fact in question is highly probable or reasonably certain. It falls between the criminal and civil burdens.
Preponderance of the Evidence
This is the standard used in most civil cases, including personal injury claims. A plaintiff meets this burden by showing that their claim is more likely true than not true.
How These Burdens Apply in Criminal vs. Civil Court
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
In civil cases, including personal injury claims, the plaintiff must establish their case by a preponderance of the evidence.
What Burden of Proof Means in Layman’s Terms
Guilt Beyond a Reasonable Doubt
If even one juror has a reasonable doubt about the defendant’s guilt, they must vote not guilty.
Clear and Convincing Evidence
This means the evidence must show that the fact is highly likely to be true. The jury or judge must feel a strong belief that the claim is accurate.
Preponderance of the Evidence
This means it is more likely than not that the event in question occurred. If the scales even slightly tip in favor of one side, that side has met the burden.
Examples of Burden of Proof in New York Court Cases
Here are simple illustrations of how these burdens play out:
Criminal Example (Beyond a Reasonable Doubt)
A defendant is accused of robbery. To convict, the prosecution must present evidence so strong that a reasonable person would have no serious doubt that the defendant committed the robbery. If a juror has a reasonable doubt, perhaps because an eyewitness is unreliable or video evidence is unclear, the jury must acquit.
Civil Example (Preponderance of the Evidence)
A pedestrian sues a driver for running a red light and causing a collision. The pedestrian must show that it is more likely than not that the driver ran the red light and caused the crash. This could be supported by traffic camera footage, witness testimony, or the driver’s own statements.
Clear and Convincing Evidence Example
In a fraud case, a party must show that the defendant intentionally made a false statement with the purpose of deceiving someone. Here, a judge may require clear and convincing proof, something stronger than mere likelihood but less than certainty.
