Burden of Proof

Q. HOW DOES THE BURDEN OF PROOF DIFFER BETWEEN A CRIMINAL AND CIVIL CASE?

CRIMINAL CASE: In a criminal case the state's attorney must prove the defendant is guilty beyond a reasonable doubt. If after hearing all the evidence of the case, the jury is not totally convinced that the defendant has committed the crime he/she is accused of, they cannot convict. This is a much higher burden of proof standard than is needed in a civil case because the rights, freedom, life and reputation of the defendant are at stake.

CIVIL CASE: On the other hand, in a civil case, the Plaintiff’s attorney must prove up the case against the defendant by a preponderance of the evidence. If the evidence shown to the jury proves that the defendant is 51% or more negligent (imagine a scale of justice with the tipping of the scale by the weight of a feather), the jury must find against the defendant.

Back to Legal Rights for Drunk Driving Accident Victims