Compare and contrast proof beyond a reasonable doubt and preponderance of the evidence.

What will be an ideal response?


Proof beyond a reasonable doubt is the prosecution's burden of proof in a criminal trial. Each element of the offense charged must be proven "beyond a reasonable doubt" for the jury to return a guilty verdict. If the prosecution fails to establish this burden, then the jury is to return a "not guilty" verdict. Determining whether the prosecution has failed to meet its burden of proof is different from determining whether the defendant is innocent. That is why the verdict delivered is "not guilty" rather than "innocent." Not guilty is a legal finding that the prosecution has failed to meet its burden of proof, not necessarily a factual description of reality. Proof beyond a reasonable doubt is a very high burden of proof, far higher than the proof by a preponderance of the evidence standard used in civil proceedings.

Criminal Justice

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