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Preponderance of the Evidence vs. Beyond a Reasonable Doubt

By Neil Shous, Esq.

In law, we frequently refer to the ?burden of proof?. This legal term refers to how much proof the prosecutor or plaintiff needs before he/she can obtain a ruling against the defendant. Two of the most common ?burdens? are ?preponderance of the evidence? and ?beyond a reasonable doubt?. Preponderance of the evidence is most frequently used in civil cases, although it is also used in criminal proceedings as well. It means ?more likely than not?. Put another way, if it is 51% likely that the defendant committed the alleged act, he is liable. With respect to criminal proceedings, this burden in sometimes used during hearings, such as a California probation violation hearing. The reason that a civil burden is used in criminal hearings is because these proceedings don?t afford criminal defendants as much protection as criminal trials do...continue to full post

Full post as published by California Criminal Defense Blog on February 12, 2010 (boomark / email).