Burdens of Proof

by Carrie E. Campbell, J.D.

"Beyond a reasonable doubt" is the criminal standard with which Americans are most familiar. It is directly linked with our presumption of innocence, and consequently, our notions of a fair trial. Its application requires that prosecutors prove each and every element of the crime charged to a high degree of certainty. It is important, however, to note that the standard is not "beyond any doubt." It is common to have doubts; the question is whether existing doubts can be overcome by reason. For example, you are awakened during the night by a noise. You listen carefully. You recall locking all the doors and windows, and the noise you heard was not loud enough for someone to have broken a window or door. You have a cat in the house that frequently knocks items off the coffee table, and you are comforted by the purring in the next room. If you roll over and go back to sleep without checking, you have reasoned through your doubts in a comparative manner to that which we expect of jurors deciding guilt or innocence.

"Beyond a reasonable doubt" is not the only standard which is applied in our courts, although it is the level of proof required in all criminal cases. Civil cases are disputes between two citizens involving breaches of agreement or duties imposed by our common law. In civil cases, a person can be required to pay money, stop an activity, or take a particular action. A person cannot be sentenced to jail in civil court. Therefore, the court/jury, which is asked to resolve the dispute, has greater discretion and requires a less stringent burden of proof. The most commonly applied burden of proof in civil cases is "by a preponderance of the evidence" which could be accurately described as "more likely than not." In either instance, the initial burden is placed upon the Plaintiff, the person who initiates the lawsuit. In some circumstances, the burden shifts to the Defendant if counter-claims are made or the Defendant asserts an affirmative defense requiring proof. Should you have any questions regarding this topic, contact an attorney of your choice.