In law, we frequently refer to the term “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.”
1. What is the “preponderance of the evidence” burden?
Preponderance of the evidence is most frequently used in civil cases, although it is also used in some criminal proceedings. It means “more likely than not.”
Put another way, if it is 51% likely that the defendant committed the alleged act, he is liable. Concerning criminal proceedings, this burden is sometimes used during hearings, such as a California probation violation hearing.
The reason that a civil burden is used in criminal hearings is that these proceedings don’t afford criminal defendants as much protection as criminal trials do. Using the example above, this means that the prosecutor must only prove that it is more likely than not that a defendant violated his probation to find him guilty during a California probation violation hearing.
2. What is the “beyond a reasonable doubt” burden?
Beyond a reasonable doubt is the typical criminal burden of proof that most people are aware of. It is also a bit trickier to define than the preponderance of the evidence burden.
Beyond a reasonable doubt means that if there is no reasonable explanation other than the fact that the defendant committed the alleged act, then he must be guilty. This is the burden that is exclusively used during criminal trials, as it is California’s highest burden of proof. (Read our article on California DUI Probation Violations.)
