M1-1.4 What is the burden and standard of proof?

Instructions

1. Read the text and then complete the comprehension quiz to test your understanding.
2. If you prefer, you can listen to the video below.

Text

What about the difference in the standard and burden of proof?

In criminal law, there is a strong presumption of innocence. This is reflected in the Latin maxim Ei incumbit probatio qui dicit, non qui negat, meaning that the burden of proof is on the one who asserts, not the one who denies.

In other words, the defendant is presumed innocent until proven guilty, and it is the prosecutor who must prove the defendant’s guilt.

The prosecutor must prove the case beyond reasonable doubt, which is a very high standard of proof. If they fail to do so, the defendant will be acquitted. If successful, and the magistrate, judge, or jury is sure that the defendant is guilty, the defendant will be convicted.

In civil law, the burden of proof is also on the party bringing the case—the claimant— but the standard of proof is lower. The claimant must prove their case on the balance of probabilities. This means showing that it is more likely than not that the defendant committed a civil wrong.

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