Burden of proof, civil law, criminal law, defendant, plaintiff, burden of production, evidence, burden of persuasion, jury, judges
The burden of proof in civil and criminal cases is the obligation to provide evidence validating or disputing a certain occurrence. It is an obligation to proof what has been alleged in judicial proceedings. The burden of proof differs in criminal and civil cases whereby in criminal lawsuits, it is the prosecution that has the burden of proofing the defendants guild. The prosecution in such cases, therefore, must prove beyond any doubt that the party being charged with a criminal case is guilty. In civil cases, however, it is the plaintiff that has the burden of proving the case using evidence preponderance. There are two issues which relate to the burden of proof, and these have often presented controversies despite being related. The concepts are the burden of persuasion and the burden of production.
[...] The concepts are the burden of persuasion and the burden of production. The burden of production is the obligation for one of the parties to produce sufficient evidence supporting the facts stated and the allegations made. It is also regarded as the establishment of a prima facie, and this is not an issue relating to the jury in criminal cases, but rather one that relates to the law (Nance, 2019). It is also regarded as the burden of proceeding forward with sufficient evidence, and it mostly affects individuals in civil proceedings. [...]
[...] Rev Nance, D. A. (2019). Belief functions and burdens of proof. Law, Probability and Risk, 53-76. Tuzet, G. (2020). Assessment criteria or standards of proof? An effort in clarification. Artificial Intelligence and Law, 91-109. [...]
[...] In summary, the burden of proof is the obligation for one party to provide evidence detailing the facts made in a litigation process. It is much higher in criminal cases where there must be sufficient prove that a law has been broken. In criminal cases, therefore, the prosecution should proof beyond reasonable doubt that a law has been broken. Persuasive presentation of evidence is the only requirement in civil cases, and this leads to disparities when prosecuting these two types of cases. References Meyn, I. (2017). Why Civil and Criminal Procedure Are So Different: A Forgotten History. Fordham L. [...]
[...] The burden of persuasion refers to the requirement that a party offers sufficient evidence in a manner that is appealing to the fact-finder. The evidence must be presented persuasively to provide the requisite level of belief that a stated fact is true (Nance, 2019). Criminal cases often have a jury, and persuading the members with the evidence provided appears to be a heavy burden. It is therefore cheaper to persuade the fact-finder with evidence in civil proceedings as opposed to criminal proceedings. [...]
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