Burdens of Proof Standards; Beyond a Reasonable Doubt, Preponderance of Evidence & More

There are various aspects of the law that demands proof. Burden of proof lies with the state in criminal case or usually the plaintiff in civil proceedings. Therefore, the burden of proof rests with the person who brings a claim in a dispute i.e. the necessity of proof always lies with the person who lays charges.

What is the Burden of Proof?

The burden of production or going forward with the evidence and the burden of persuasion. Burden of persuasion rests with a single party throughout the trial, in the case of criminal proceedings this burden rests with the prosecution.

Reasonable Indications Definition

Reasonable indications are substantially less than probable cause. A prudent investigator would consider the facts and circumstances and must include facts and circumstances of the persons past behavior and support the fact that a violation has occurred, is in progress and will occur. A mere ‘hunch’ is insufficient.

Reasonable Suspicion Case Law

Reasonable suspicion relates to police stops and if there were facts and circumstances that would support and warrant an investigative stop. The stop must be brief, and its thoroughness proportional to and limited by the low standard of evidence. The law enforcement must articulate the reason for the stop and support reasonable suspicion that a there was criminal activity. An institutional standard to law enforcement and experience are applicable.

Probably Cause Standard

Probable cause like reasonable suspicion is subject to the articulated facts and circumstances supported by affidavit and leads to warrant or arrest on review by the court. Not narrowly defined but a basic principle of law enforcement that court must decide if there was sufficient probable cause to support prosecution. A lower standard of proof and preponderance of evidence standard. The court isn’t required to weigh conflicting evidence, just that the investigative party had sufficient evidence to support probable cause that would lead a prudent and reasonable man to believe a crime had been committed.

Preponderance of Evidence

Preponderance of evidence is also known as the ‘balance of probabilities’. It is the facts, circumstance and evidence sufficient to prove that the probability of the act occurring out-weigh the probabilities of it not occurring. Is true or not true. It is the standard of evidence in civil law and pertains to most judgments that are related to monetary compensation rather than incarceration. The evidence presented must exceed 50% probability that the event occurred and that a person or persons where responsible for the act.

Beyond a Reasonable Doubt Example

Beyond a reasonable doubt is the criminal court standard. It is proof having been met it there is no plausible reason to believe otherwise. Any real doubt based upon a reasonable and common sense and after impartial consideration of all the evidence the level of proof has been achieved.

Common Law System

Much of US and Canadian law is based on English Common Law of the UK and Commonwealth. Much of European law is based on Roman law. Conspiracy to commit a crime is an English Common Law principle but is not the body of law in centennial law. There is real evidence that those standing trial at Nuremburg following World War II could not adequately comprehend the conspiracy charges. The Soviets thought it was a great idea.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

Laws change from county, state and country. In the US tort law, a civil proceeding to right a wrong, civil law, contract law and criminal law are all areas of expertise, even though the state may not recognize specialty lawyers. International law is complicated and an extraditable offence in one jurisdiction may not even be illegal in another. There are other burdens of proof not included here. The law is not carved in stone, as court decisions affect the law’s interpretation over time, the legal system has boundaries but is fluid within those boundaries. Kajioka & Associates Attorney’s at Law can represent you in criminal and civil legal matters. Contact us today!

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