The Burden of Proof in Criminal and Civil Cases Essay

In civil lawsuits, including personal injury cases, the plaintiffs burden of proof is known as the predominance of evidence. To meet the preponderance of the evidence, the plaintiff should provide slightly better proof than the defense. In particular, a has to assure a judge or jury that a greater than 50 percent chance that the claim is true exists (Law Office of Vikas Bajaj, APC). Therefore, the plaintiff can convince the jury to conclude in his or her favor by creating the impression that his or her story is slightly more substantial than that of the defendant. The plaintiff loses the case if he or she offers evidence that a judge or jury considers to be of dubious quality.

In criminal cases, the burden of proof rests with the prosecution that has to set a fact beyond a reasonable doubt. Generally, the defendants presumption of innocence, guaranteed by the Constitution, must be refuted by the prosecutions evidence. It is worth noting that this type of burden of proof is the most complicated in law since judges have yet defined this burden of proof and the term beyond a reasonable doubt (Law Office of Vikas Bajaj, APC). If the and convincing evidence and there is a slight chance that the defendant is innocent, the fact trier should acquit the accused