The legal standard of proof in criminal proceedings is beyond a reasonable doubt, which is a higher standard than the balance of probabilities used in civil cases. The burden is on the prosecution to prove the defendant's guilt without any reasonable doubts. Unless the prosecution can establish the facts of the crime without uncertainty, they cannot convict the offender.
1. Singapore Criminal LawyerSingapore Criminal Lawyer
Tuesday, 30 September 2014
Legal burden of proof in criminal
proceedings
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2. Posted by Vendela Jar at 05:35
Labels: criminal proceedings singapore
The legal standard of proof in civil proceedings is on the balance of probabilities. In
lay man terms, it requires a proposition that is more likely true than not to meet
this legal standard. Effectively, this standard is met if the Judge is satisfied if there
is greater than 50 percent chance that the proposition is true. Parties in the
proceedings are to present their case to the Judge in a way which will be
advantageous to them. The burden of proof will be on the party whose proposition
is weaker.
However, this is not the case for criminal proceedings. The Legal standard of proof
in criminal proceedings is beyond a reasonable doubt. There is a presumption of
innocence until the court proves that the offender is guilty beyond a reasonable
doubt. This is in essence a higher standard of proof compared to the balance of
probabilities. The burden of proof falls on the Public Prosecution to ensure that the
offender is guilty without any reasonable doubt or uncertainty in his case.
Prosecution can only convict offender if he was fully certain on the facts that
offender has undoubtedly committed the said crime.
Should you have any questions or need legal representation, kindly contact Gloria
James-Civetta & Co on 6337-0469 for a free consultation, or email to
consult@gjclaw.com.sg
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