Presumptions, Standards Of Proof And Burden Of Proof

The outcome of a trial, whether it be civil or criminal, can have a tremendous impact on the lives of the parties involved. It is the wish of any reasonable person that the perpetrator of an evil faces the penalties of his or her actions while the innocent be awarded a favorable outcome, whatever that entails. This is the outcome that any honest legal decision-marker strives to achieve. If the all the relevant facts were readily available and their authenticity assured, then a judge or jury could confidently reach a verdict knowing that the outcome is consistent with the actual events that took place. This is not to imply that knowing the facts assures a just ruling, but only that no confusion exists as to what actually took place and therefore the verdict reflects what actually took place. In a great number of cases the choice between innocence and guilt is not clear cut, yet a decision must be reached nevertheless. It is often the case that the trier must make a decision based upon an incomplete and unsatisfactory picture of events. The judge must also acknowledge the possibility that the plaintiff or defendant is lying in order to have his or her way. How does a judge reach a verdict when there is no way he can know, based on the facts, who is guilty and who is innocent? These are questions of tremendous importance. The answer to these questions has a deep impact in the shaping of our society. Questions regarding the presumptions of innocence, the standards of proof and who is to carry the burden of proof will be addressed. Emphasis will be place upon cases in which the rules we are about to discuss are overturned by some other principle.

The question regarding the sufficiency of evidence needed to convince a decision—maker in a court case that the charges being pressed are indeed valid is a question relating to the standard of proof. The standard of proof is a set of guidelines as to how much evidence the plaintiff or prosecutor must present in order to receive a favorable verdict. What constitutes the standard of proof is a crucial area in which the two branches of the legal system differ. In criminal law the standard of proof is “proof beyond a reasonable doubt,” whereas in civil cases the standard is “a preponderance of evidence or in some rarer cases “Clear and convincing evidence.”

The cr...

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... with the defendant to prove that indeed he was at the movies. If he fails to do so he may lose on that particular point. Similarly, if the defendant pleads mental insanity as a defense for his or her wrong, then in most cases he has the burden of proving that statement. The plea will be rejected lest he meet the standard of proof for that plea.

Our court system is designed in such a way that accusations that can’t be proved are deemed false. If we lived in a utopian society where everyone told the truth then may this presumption would not be fair. However, it is a frightening thought that someone might abuse the system and without evidence secure a conviction. We are all familiar with the dangers and consequences of taking heed to someone who yells, “she’s a witch.” Our system seeks to protect the accused, and does so by an effective system in which the presumptions of innocence assign the burden of proof, and the evidence introduced must meet the standard of proof. By adopting such a system we do so with the full knowledge that the guilty party may not be convicted. However, we also boldly state that the consequences of not doing so are far worse.