Burden of proof (law) facts for kids

In a legal dispute, someone has the burden of proof. This means they need to show they are correct. The other side does not have this same job. They are usually thought to be correct until proven otherwise.

The burden of proof means a party must show evidence. This evidence helps prove the facts needed for their case. It is usually on the person who starts the legal claim. A Latin saying explains this: "the need for proof always lies with the person who makes charges."

For example, in a civil case, the person suing (the plaintiff) must prove their claim. They must show the other person's actions caused them harm. In criminal cases, the prosecutor must prove the defendant is guilty. The defendant is thought to be innocent until proven guilty. If the person bringing the claim cannot prove their case, they will lose.

What is the Burden of Proof?

The "burden of proof" is a party's duty to prove something they claim. It has two main parts:

• Burden of production: This means providing enough evidence. It helps the judge or jury decide the issue.
• Burden of persuasion: This is about how convincing the evidence must be. It is also called the "standard of proof."

The "burden of persuasion" stays with one party throughout the case. If they prove their case well enough, they win. For instance, in a criminal case, the prosecution must prove every part of the crime. They must do this "beyond a reasonable doubt." This is because the defendant is presumed innocent.

The burden of persuasion is different from the evidentiary burden. The evidentiary burden is about presenting enough evidence to bring up an issue in court. This burden can sometimes shift between parties during a trial.

How Much Proof is Needed? (United States)

The "burden of proof" also refers to how much proof is needed. This is called the "standard of proof." Different types of cases need different amounts of proof.

Different Levels of Proof

Some Evidence

This is a very low standard. It means there just needs to be "some evidence." For example, prison officials only need "some evidence" to take away a prisoner's good behavior time. This is a very small amount of proof.

Reasonable Suspicion

This is a low standard of proof. It is used to decide if a police officer can briefly stop or search someone. The stop or search must be short. It is limited by how little evidence is needed.

The U.S. Supreme Court said that reasonable suspicion needs specific reasons. It cannot just be a guess or a "hunch." The officer must be able to explain why they suspected something. If the officer's suspicion goes away, they must let the person go. If the suspicion grows, it might lead to a higher level of proof.

Reasonable to Believe

This standard was set by the U.S. Supreme Court in 2009. It applies to searching a car after someone is arrested. Police can search a car if it is "reasonable to believe" there is more evidence of the crime. This standard is less than "probable cause."

Probable Cause

Probable cause is a higher standard than reasonable suspicion. It is used to decide if a search or arrest is fair. It is also used by a grand jury to decide if someone should be charged with a crime.

In criminal cases, probable cause means there is a "fair chance" that evidence of a crime will be found. This is often thought of as a 51% certainty. This means it is more likely than not that something is true.

Here are examples of how much proof police need:

• No evidence needed: If you agree to talk to a police officer.
• Reasonable suspicion needed: If an officer stops you briefly to ask questions or pat down your outer clothes.
• Probable cause (51% likely) needed: To arrest you or for a grand jury to charge you with a crime.

Some Credible Evidence

This is one of the lowest standards of proof. It is often used in administrative law. It is also used in some states to start cases about a child's safety. This standard is used when quick action is needed. For example, if a child might be in immediate danger. It is a lower standard than "preponderance of the evidence."

Preponderance of the Evidence

This is the standard used in most civil cases. It is also called "balance of probabilities." This means the evidence shows something is "more likely to be true than not true." Imagine a scale: if one side tips down even a little, that side has met the "preponderance" standard.

This standard is used in cases about money, like child support. It is also used in child custody decisions between parents. It means the claim is more probable than not.

Clear and Convincing Evidence

This is a higher standard than "preponderance of the evidence." But it is less than "beyond a reasonable doubt." It means the evidence must be "highly and substantially more probable to be true than not." The judge or jury must have a "firm belief" that it is true.

This standard is used in many important cases. These include cases about who a child's father is, child custody, and decisions about someone's mental health care. It is also used in cases about a person's right to end life support.

Beyond Reasonable Doubt

This is the highest standard of proof. It is mostly used in criminal cases. It means there is no good reason to believe otherwise. If there is a real doubt, based on reason and common sense, then this level of proof has not been met.

Proof beyond a reasonable doubt means the evidence is so convincing that you would rely on it without hesitation in your own important decisions. It does not mean absolute certainty. The prosecution must show that no other logical explanation exists except that the defendant committed the crime. This overcomes the idea that a person is innocent until proven guilty.

This high level of proof is needed in criminal trials. This is because these cases can lead to a person losing their freedom or even their life. These outcomes are much more serious than in civil cases, which usually involve money.

How Much Proof is Needed? (United Kingdom)

In the United Kingdom, there are two main standards of proof:

• Criminal standard: This used to be called "beyond reasonable doubt." Now, juries are often told they must be "sure" to convict someone.
• Civil standard: This is called "the balance of probabilities." It means "more likely than not."

The civil standard is also used in criminal trials for defenses that the defendant must prove. However, if the law does not say the defendant must prove something, the prosecution still has to prove it "beyond reasonable doubt."

Judges in the UK have said that the seriousness of a claim does not change the standard of proof. For example, proving a serious crime still uses the "sure" standard. But, because serious claims are often less likely to happen, the evidence for them needs to be very good. The standard of proof itself does not change.

How Much Proof is Needed? (Australia)

Australia also uses two main standards of proof:

• Criminal standard: Similar to the UK, this is the highest standard.
• Civil standard: This is called the "balance of probabilities."

In Australia, the "balance of probabilities" can involve looking at how serious the claim is. If something very serious is being claimed, the evidence needed to prove it might need to be stronger. This is known as the Briginshaw principle. It means that for serious claims, the proof needs to be very clear. For example, if someone is accused of very serious wrongdoing, the evidence against them needs to be very strong to meet the "balance of probabilities."

Other Ways to Present Cases

Air of Reality (Canada)

In Canada, the "air of reality" is a standard used for criminal defenses. It asks if a defense could work if all the claimed facts were true. Usually, the prosecution has the burden of proof. But if the defendant needs to prove something, their defense must have an "air of reality." This happens if there is already a strong case against the defendant, or if the defense is an "affirmative defense" like the insanity defense.

Examples

Civil Law Cases

In civil law cases, like a disagreement over a contract, the person who started the lawsuit (the plaintiff) usually needs to convince the judge or jury. They must show they deserve what they are asking for. This means they must prove every part of their claim.

Sometimes, the burden of proof can change in civil cases. For example, if a bank is supposed to keep certain records, and a lawsuit claims they didn't, the bank might have to prove they did keep the records. This is about fairness.

U.S. Supreme Court on Civil Cases

The U.S. Supreme Court has said there are no strict rules for who has the burden of proof in every case. It depends on what is fair and what makes sense. The Court explained that "burden of proof" can mean two things: the "burden of persuasion" (how convincing the evidence must be) and the "burden of production" (providing enough evidence).

The Supreme Court also said that if a law doesn't say who has the burden of proof, it usually falls on the person who is asking for something. This is because they are trying to change things. However, there can be exceptions. Sometimes, the burden shifts to the defendant, especially for "affirmative defenses."

See also

• Philosophic burden of proof
• Probative
• Rebuttable presumption
• Shifting burden of persuasion