Burden of ProofWhat is it?

Burden of Proof The amount of proof needed in order

to achieve a certain level within the legal system.

Example: the amount of proof need to arrest someone.

Example: the amount of proof a jury needs before it can convict someone of a crime

There are multiple levels of proof within the American legal system.

Burden of Proof

Reasonable SuspicionAllows officer to stop and search/talk to person (Terry Stop). Least amount needed.

By a Preponderance This is the standard of proof used in civil trials, those in which a plaintiff usually sues for money. Picture a scale. Both sides, plaintiff and defense, each fill one side of the scale with all of his evidence. Which ever way the scale tips, is the side that wins. By a preponderance requires greater than 50% proof.

Beyond a Reasonable DoubtThis is the highest burden of proof in the American legal system. It requires more proof than any other burden of proof; however, it does not require 100% proof.

Probable CauseNeeded for arrest/search. Means there is enough evidence to believe that a certain person committed a certain crime or that a certain item will be found in a certain place.

Clear and Convincing EvidenceThis is the amount of proof needed by the government to terminate parental rights in child abuse cases. Notice that more evidence is required for this than a civil case where someone is suing for money.

Reasonable Doubt What is does it mean?

It is the amount of proof needed by a judge or jury in order to convict the accused of a crime.

Old definition: the amount of proof that one would require when deciding the most important

of his affairs (Example: Whether or not get married. Whether or not to buy a house).

New Definition: There is not one. Court requires that each juror determine for himself what is reasonable doubt.

What does it NOT mean? Not beyond all doubt (would be impossible to prove without a time machine) Not beyond a shadow of a doubt Not differing stories by witnesses (jurors have to decide the credibility of

witnesses

Burden of Proof

By a Preponderanc

e

Clear and Convincing

Beyond a Reasonable

Doubt

<50%

Picture this… It’s Christmas Eve and you have just returned home from a

productive yet exhausting shopping excursion. As you drag your purchases into your home, you shiver, your teeth chatter as the cold seeps into your bones. You can clearly see your breath as you fumble to get your keys in the front door so you can escape the cold. Then, you drop your keys! As you bend over to pick up your keys, you notice that your neighbor has finally cleaned up his front lawn!!! (It was always such a mess and an embarrassment to the neighborhood)! Now, the neighbor’s yard looks clean and attractive. You finally get inside with your packages, wrap the presents, and fall asleep on your couch. When you wake up, you go out front to make sure you didn’t drop anything, but when you look at neighbor’s house, you see….

What happened? It snowed. Did you see it snow?

No, because you were asleep.

Is it possible that what you see is the efforts of a movie set? Sure, it’s possible but is it really probable?

Most of you will believe that it snowed beyond a reasonable doubt.

THE ENDNow you know what is meant

by beyond a reasonable doubt!!!