Criminal and civil cases demand that there be proof provided before any verdict is given. The prosecutor is tasked with the duty of proving the case using a standard of proof. Each case has its unique circumstances, making prosecutors have different proof standards to prove before a ruling is made. Of these, a preponderance of the evidence, clear and convincing evidence and proof beyond a reasonable doubt are the most common standards proved in court. These standards determine whether a fact is legally established and determine the ruling to be given out.
Civil cases necessitate that the litigant substantiate their case by a preponderance of the evidence. A preponderance of the evidence is defined as the event in which the jury or judge believes the evidence shows that the defendant's liability is more likely than not (Jurkowski, 2017). An example is a fire investigation is when there is evidence of forced entry by the defendant in the place of origin of the fire. Criminal cases place the burden of proof on a plaintiff who must prove the case beyond a reasonable doubt. The standard can be defined as a situation where the prosecution is required to prove that there can be no other reasonable explanation from the evidence provided (Jurkowski, 2017). An example of this standard in a fire investigation would be when a fire chief finds the accelerant used in the fire in the custody of the defendant who has previously been accused of arson.
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Clear and convincing evidence is a mid-level standard is found in both criminal and civil cases. This standard is seen in events where the evidence provided is substantially and highly likely to be true than untrue. The standard requires that the jury, a committee appointed to determine facts, or a judge be convinced that the contention is highly probable (Jurkowski, 2017). An example is a fire investigation of clear and convincing evidence is seen when investigators find tampered utilities in the defendant’s office, who happened to be the last person in the building before the fire broke out.
References
Jurkowski, S. (2017). Burden of proof. Cornell Law School https://www.law.cornell.edu/wex/burden_of_proof
