Legal burden of proof facts for kids
The burden of proof is a very important idea in law. It means who needs to show evidence in a court case. It also means how much evidence they need to show. Think of it like a game where someone makes a claim. The burden of proof decides who has to prove their claim and how strong their proof needs to be.
In a criminal case, the police and lawyers who are trying to prove someone broke the law (called the prosecution) must show the evidence. The person accused (the defendant) does not have to prove they are innocent. The prosecution must prove their case "beyond a reasonable doubt." This is a very high standard.
In a civil trial, like when two people disagree over money, the person who starts the case (called the plaintiff) has the burden of proof. They must show that their side of the story is "more likely to be true." This is a lower standard than in criminal cases.
What is an Affirmative Defense?
Sometimes, a defendant in a court case might agree that certain events happened. However, they might say there was a good reason for their actions. This is called an "affirmative defense." When a defendant uses an affirmative defense, they then have to prove their reason or explanation.
For example, someone might say they acted in Self-defense. Or they might say they were tricked into doing something wrong (this is called entrapment). These are ways a defendant tries to explain or justify their actions.
"More Likely Than Not" (Preponderance of the Evidence)
This standard is often used in civil cases. It is also called the "balance of probabilities." Imagine a set of scales. If the evidence for one side makes the scale tip even a tiny bit more than 50% in their favor, then the standard is met.
So, if something is "more likely to be true than not true," it meets this standard. For example, if there is a 51% chance that something happened, that is enough. A famous judge once said it simply means "more probable than not." This standard is much easier to meet than "beyond a reasonable doubt."
"Beyond a Reasonable Doubt"
This is the highest level of proof needed in common law countries. It is almost always used only in criminal cases. This means the prosecution must present so much evidence that there is no real doubt left in the minds of the jury or judge.
If the jury or judge has a serious doubt, based on good reasons and common sense, then the prosecution has not met this high standard. But if they have no doubt that the defendant is guilty, or if their only doubts are not based on good reasons, then the defendant is found guilty.
