What is it?
 The amount of proof needed in order to
achieve a certain level within the legal
system.
Example: the amount of proof need to arrest
someone.
Example: the amount of proof a jury needs
before it can convict someone of a crime
 There are multiple levels of proof within
the American legal system.
Reasonable
Suspicion
Allows officer to stop
and search/talk to
person (Terry Stop).
Least amount
needed.
By a
Preponderance
This is the standard
of proof used in civil
trials, those in which
a plaintiff usually
sues for money.
Picture a scale. Both
sides, plaintiff and
defense, each fill one
side of the scale with
all of his evidence.
Which ever way the
scale tips, is the side
that wins. By a
preponderance
requires greater than
50% proof.
Beyond a Reasonable
Doubt
This is the highest burden of
proof in the American legal
system. It requires more proof
than any other burden of proof;
however, it does not require
100% proof.
Probable Cause
Needed for
arrest/search. Means
there is enough
evidence to believe
that a certain person
committed a certain
crime or that a certain
item will be found in a
certain place.
Clear and
Convincing
Evidence
This is the amount
of proof needed
by the government
to terminate
parental rights in
child abuse cases.
Notice that more
evidence is
required for this
than a civil case
where someone is
suing for money.
 What is does it mean?
 It is the amount of proof needed by a judge or jury in order to convict the
accused of a crime.
 Old definition:
 the amount of proof that one would require when deciding the most
important of his affairs (Example: Whether or not get married. Whether
or not to buy a house).
 New Definition:
 There is not one.
 Court requires that each juror determine for himself what is reasonable
doubt.
 What does it NOT mean?
 Not beyond all doubt (would be impossible to prove without a time
machine)
 Not beyond a shadow of a doubt
 Not differing stories by witnesses (jurors have to decide the credibility of
witnesses
By a
Preponderance
Clear and
Convincing
Beyond a
Reasonable
Doubt
<50%
 It’s Christmas Eve and you have just returned home from a productive yet
exhausting shopping excursion. As you drag your purchases into your
home, you shiver, your teeth chatter as the cold seeps into your bones. You
can clearly see your breath as you fumble to get your keys in the front door
so you can escape the cold. Then, you drop your keys! As you bend over
to pick up your keys, you notice that your neighbor has finally cleaned up
his front lawn!!! (It was always such a mess and an embarrassment to the
neighborhood)! Now, the neighbor’s yard looks clean and attractive. You
finally get inside with your packages, wrap the presents, and fall asleep on
your couch. When you wake up, you go out front to make sure you didn’t
drop anything, but when you look at neighbor’s house, you see….
 It snowed.
 Did you see it snow?
No, because you were
asleep.
 Is it possible that what
you see is the efforts of
a movie set? Sure, it’s
possible but is it really
probable?
 Most of you will believe
that it snowed beyond a
reasonable doubt.
Now you know what is meant by
beyond a reasonable doubt!!!

Burden of Proof

  • 1.
  • 2.
     The amountof proof needed in order to achieve a certain level within the legal system. Example: the amount of proof need to arrest someone. Example: the amount of proof a jury needs before it can convict someone of a crime  There are multiple levels of proof within the American legal system.
  • 3.
    Reasonable Suspicion Allows officer tostop and search/talk to person (Terry Stop). Least amount needed. By a Preponderance This is the standard of proof used in civil trials, those in which a plaintiff usually sues for money. Picture a scale. Both sides, plaintiff and defense, each fill one side of the scale with all of his evidence. Which ever way the scale tips, is the side that wins. By a preponderance requires greater than 50% proof. Beyond a Reasonable Doubt This is the highest burden of proof in the American legal system. It requires more proof than any other burden of proof; however, it does not require 100% proof. Probable Cause Needed for arrest/search. Means there is enough evidence to believe that a certain person committed a certain crime or that a certain item will be found in a certain place. Clear and Convincing Evidence This is the amount of proof needed by the government to terminate parental rights in child abuse cases. Notice that more evidence is required for this than a civil case where someone is suing for money.
  • 4.
     What isdoes it mean?  It is the amount of proof needed by a judge or jury in order to convict the accused of a crime.  Old definition:  the amount of proof that one would require when deciding the most important of his affairs (Example: Whether or not get married. Whether or not to buy a house).  New Definition:  There is not one.  Court requires that each juror determine for himself what is reasonable doubt.  What does it NOT mean?  Not beyond all doubt (would be impossible to prove without a time machine)  Not beyond a shadow of a doubt  Not differing stories by witnesses (jurors have to decide the credibility of witnesses
  • 5.
  • 6.
     It’s ChristmasEve and you have just returned home from a productive yet exhausting shopping excursion. As you drag your purchases into your home, you shiver, your teeth chatter as the cold seeps into your bones. You can clearly see your breath as you fumble to get your keys in the front door so you can escape the cold. Then, you drop your keys! As you bend over to pick up your keys, you notice that your neighbor has finally cleaned up his front lawn!!! (It was always such a mess and an embarrassment to the neighborhood)! Now, the neighbor’s yard looks clean and attractive. You finally get inside with your packages, wrap the presents, and fall asleep on your couch. When you wake up, you go out front to make sure you didn’t drop anything, but when you look at neighbor’s house, you see….
  • 7.
     It snowed. Did you see it snow? No, because you were asleep.  Is it possible that what you see is the efforts of a movie set? Sure, it’s possible but is it really probable?  Most of you will believe that it snowed beyond a reasonable doubt.
  • 8.
    Now you knowwhat is meant by beyond a reasonable doubt!!!