Burdens of Proof in Civil and Criminal Trials
Burden of proof is a standard required in all trials. It asks the party seeking to recover damages to legally establish facts which will be considered by the court or jury. There are different standards in criminal versus civil cases. We offer free consultations, so give us a call today at 419-900-0955 to talk through the specific aspects of your case. The trial attorneys at Sawan & Sawan have a wide range of experience across many areas of litigation and are happy to field general questions as part of a free initial consultation.
Request A Call From a Lawyer
Civil v. Criminal Trials
Criminal trials require the prosecution to prove their case beyond a reasonable doubt. Each fact to be put in evidence must be established “beyond a reasonable doubt.” This is a very high standard and if not proven, the case will fail for the prosecution. On the other hand, in civil cases, the plaintiff or injured victim must prove facts by a preponderance of the evidence. Burden of proof consists of both burden of production and burden of persuasion.
Different Types of Burdens of Proof
The different legal standards throughout the U.S. may include, burden of proofs as follows:
The 3 most commonly used standards of proof are: Beyond a Reasonable Doubt; Clear and Convincing Evidence; and Preponderance of the Evidence.
As previously mentioned, beyond a reasonable doubt is generally used in criminal cases. The prosecution has the burden of proving that the defendant is guilty beyond all reasonable doubt. This means, there can be no other reasonable explanation that can come from the evidence which is presented at trial. The jury must be very certain of the defendant’s guilt in order to convict. This standard of proof is much higher than a “preponderance of the evidence” standard used in civil cases.
Clear and Convincing Evidence
The clear and convincing evidence standard requires proof that evidence submitted during trial must be highly and substantially more probable to be true than not. The jury must have a strong belief in the evidence admitted at trial. It is a higher standard than the preponderance of the evidence requirement.
Preponderance of the Evidence
The preponderance of the evidence standard only requires a certainty greater than 50 percent. This occurs when the plaintiff convinces the jury that there is a greater than 50% chance that the claims are true. This burden stays with the plaintiff who is usually the victim.
Medical Bills Piling Up?
Paying Medical Bills After a Car Accident
Contact an Attorney today to discuss your case.
Request A Call
Dennis E. Sawan
Licensed in Ohio and Florida
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
discover our latest Articles
Slip and Fall Injury Lawsuits in Michigan In Michigan, recovering compensation for a slip and fall injury can be incredibly difficult. These types of cases
What Should I Do if I’m in an Accident with a DoorDash Driver? If you were in a car accident with a DoorDash driver, the legal and
5 Things You Should Never Do After a Car Accident After a car accident, it’s important to be mindful about what you do in order
Ohio Board of Professional Conduct Issues Advisory Opinion on Lawyer Internet Keyword Marketing On June 11th, 2021, the Ohio Board of Professional Conduct issued an
The personal injury lawyers at Sawan & Sawan have extensive experience dealing with the fallout from an unexpected death or injury. In an effort to
I Was a Passenger in a Car Accident – Who Pays My Medical Bills? As car accident lawyers, we frequently speak to passengers that were
Car Accident Lawyers
Ohio Car Accident Lawyers
Toledo Ohio Car Accident Lawyers
Columbus Ohio Car Accident Lawyers
Cleveland Ohio Car Accident Lawyers
Georgia Car Accident Lawyers
Savannah Georgia Car Accident Lawyers
Florida Car Accident Lawyers
Jacksonville Florida Car Accident Lawyers
Michigan Car Accident Lawyers
Personal Injury Lawyers
Ohio Personal Injury Lawyers
Toledo Ohio Personal Injury Lawyers
Columbus Ohio Personal Injury Lawyers
Cleveland Ohio Personal Injury Lawyers
Georgia Personal Injury Lawyers
Savannah Georgia Personal Injury Lawyers
Florida Personal Injury Lawyers
Jacksonville Florida Personal Injury Lawyers
Michigan Personal Injury Lawyers