Standard of Proof
Definition
The level of certainty required to discharge the burden. Common criminal standard: beyond reasonable doubt. Common civil standard: balance of probabilities (more likely true than not). Scientific publication operates to yet a different standard, which is why science and law can reach different conclusions on the same evidence.
Related terms
- Adversarial System
- A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker....
- Burden of Proof
- The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant...
- Fact-Finder
- The person or body whose job is to determine what the facts are: a jury in common-law criminal trials, a judge sitting...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Weight of Evidence
- The persuasive value the fact-finder assigns to evidence after it has been admitted. Weight is a jury or magistrate question, not a...
Explained in
- Forensic Science and the Law: An IntroductionThe level of certainty required to discharge the burden. Common criminal standard: beyond reasonable doubt. Common civil standard: balance of probabilities (mo...