Question

1. Discuss the different burdens of proof for both criminal inquiries and civil proceedings.

Answer 1

Burden of proof is essentially outlining clearly which indivicual or party's responsibility it is to prove something.

In criminal enquiries, the burden of proving that the defendant is guilty lies on the prosecution and they must prove it beyond reasonable doubt. However in civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

In general there are three types of burdens of proof

a) Proof beyond a reasonable doubt - this is very much applicable to Criminal cases. It can also be applicable to civil cases, but not required.

b) Preponderance of the evidence - this is usually applied to civil proceedings.

c) Clear and convincing evidence

Criminal Enquiries

In criminal cases, the prosecution has to prove without a reasonable doubt that the other party is at fault. Sometimes even without very strong evidence, if they are able to prove intent, then that also counts.

Generally legally acceptable materials for establishing burden of proof include some evidence, reasonable indications, some suspicion, reason to believe and any probably cause for commiting the crime.

Civil Cases

in such cases the burden of proof usually is preponderance of the evidence. This basically holds true if there is a greater than 50% chance that the proposition is true.