The standards of proof required to prove a defendant’s guilt will vary based on whether it’s a criminal or civil proceeding. Knowing what standard is required in your specific court case can help you make a case to place doubt on that standard’s fulfillment as an effective defense. The standard of proof can be divided into three different standards: preponderance of the evidence, clear and convincing evidence, and beyond a reasonable doubt. The big difference between the two is the amount of proof needed in order to convict the defendant. In most criminal court proceedings, the prosecution must prove that the defendant is guilty, and in civil cases, the burden of proof is on the plaintiff. You’ve probably heard of the burden of proof, which determines who is responsible for proving the guilt or innocence of the defendant.
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