Standards for establishing a fact in court. In criminal-law: The theoretical requirements to establish guilt and obtain a conviction for a crime.
Canonical answers:
Questions tagged [burden-of-proof]
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How does the concept of self-defense work in a court of law? Who has to prove what?
Let's suppose Person A gets injured by Person B and says, "He attacked me for no reason and injured me." Person B says, "Yes, I injured Person A, but I was attacked by him for no reason and just defended myself." There are no witnesses, so all you…
Mitsuko
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How is the burden of evidence distributed between parties?
I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument.
Here's an example I thought of when stuck behind a bus this…
Brian R
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Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
Although we accept that legally everyone is 'innocent until proven guilty', is it right for people to keep open in their minds the plausibility/possibility that the accused is guilty?
Or is this ethically wrong and the correct stance is that not…
Abdul-Kareem Abdul-Rahman
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What will happen if someone/a group can't be confirmed that they commited a crime?
What will happen if (Bob) with 6 friends murder a person (Jake) in a room with 20 people, but after the police arrive they can't confirm which people in the room committed the crime? What will happen if they can't confirm who killed Jake in…
Zheer
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Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?
In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both sides introduce witnesses, and both sides…
bdsl
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Burden of Proof for Reprinting a Book
You republish a book from 1923 without asking anyone.
The original publisher (or its successor) sues you.
Do you need to proof that the author is 70 years dead already, or lies the burden of proof on the publisher?
J Fabian Meier
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Why are there distinct burdens of proof in civil and criminal cases?
In a criminal case, in all common law jurisdictions that I know of, an accusation must be proven to a high level which is commonly stated as being "beyond reasonable doubt", whereas in a civil case the burden of proof of the accusation is typically…
user6726
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What is the standard of proof for violations of the amateur radio regulations?
What is the standard of proof for violations of 47 CFR 97, the amateur (ham) radio regulations? Is it preponderance of the evidence or beyond reasonable doubt?
Someone
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Is there a burden of proof of a force majeure event occurring?
I have a contract with an equipment hosting company that contains a 'Force Majeure' clause. I was informed a few weeks ago that this clause was activated due to a blown transformer caused by unusually warm weather forcing my hosted equipment to go…
SDH
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Are "evidentiary" standards similar or different in a civil versus criminal case?
In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need to be proved "beyond a reasonable doubt."
But my question…
Libra
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What confidence level is required to incarcerate someone for civil contempt?
This question is prompted by the story of Tommy Gregory Thompson who has just been released from nearly 10 years of incarceration for civil contempt (and starting 2 years for criminal contempt).
He claims he suffers from a rare form of chronic…
User65535
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What status does the phrase “beyond a reasonable doubt” have in English/British criminal jurisprudence?
In a recent comment it is claimed that the phrase isn’t employed anywhere within British law, yet it is commonly thought to, and I’ve also always thought that it was.
What gives rise to this misconception, where has it come from, and what is…
TylerDurden
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Is there any precedent wherein both parties require a burden of proof?
My thinking is with respect to very serious issues wherein getting the correct resolution is very important. Usually the burden seems to be on one party or another, but I wonder if there are cases or situations where both parties are burdened with…
Jiminion
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What is the legal standard of proof required for US citizenship?
Suppose a person was claiming US citizenship by virtue of being born in the US, but had some difficulty proving that they were born in the US. What would be the legal standard of proof needed to prove citizenship? Let's say they were trying to…
Thomas Steinke
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Is placing the burden of proof on the accused illegal?
The specific situation I'm thinking of is ticket inspectors, but it could apply to other situations.
The ticket inspectors assume you are fare evading without evidence (no presumption of innocence)
They ask to see your ticket (violent…
CJ Dennis
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