Standards Of Proof

Standards of Proof in the United States

Level of persuasion that must be met by evidence offered in a legal dispute. Standards of Proof (Criminal Process) vary depending on the nature of the dispute. Standards of Proof (Criminal Process) define the burden that must be carried to demonstrate affirmatively a fact at issue in a case. In a criminal case, the trier of fact must be satisfied or persuaded beyond a reasonable doubt. Proof beyond a reasonable doubt is conclusive enough to remove all reasonable uncertainty. Occasionally the term moral certainty is used for reasonable doubt. No proceeding utilizes a more stringent standard than reasonable doubt; absolute certainty is not required for resolving any class of dispute. In most civil matters, a party is required only to meet the preponderance of evidence standard. This requires that one party offer evidence that is more persuasive or convincing than the other party. Put another way, the standard demands proof that convinces the fact-finder that one party’s representation of “fact” is more plausible than the other party’s. A level of evidence located between preponderance and reasonable doubt is reflected in the “clear and convincing” standard. Clear and convincing establishes a firm belief in the mind of the fact-finder. This standard is applied to certain classes of civil cases.

See Also

Preponderance of Evidence (Criminal Process) Reasonable Doubt (Criminal Process).

Analysis and Relevance

Standards of Proof define the level of certainty needed to prevail in particular kinds of fact disputes. The standards address the issue of burden of proof. Burden of proof, in turn, defines the obligation of a party to create sufficient belief in the mind of the fact-finder to resolve the dispute legally. The Standards of Proof (U.S.) define how extensive the burden of proof will be. The burden of proof is substantially greater in a criminal case than a civil case because only in the former must one party, the prosecution, convince the trier of fact beyond a reasonable doubt.

Notes and References

  1. Definition of Standards of Proof from the American Law Dictionary, 1991, California

Posted

in

, ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *