![]() ![]() ![]() During a trial, a jury or judge will hear and examine all of the evidence to determine whether you should be found guilty of the charges alleged. If the prosecutor cannot meet their burden, your case should be dismissed or you should be found not guilty. This evidence can be a combination of witness statements, police testimony, video evidence, and any other legal means necessary to secure a conviction. The prosecutor’s job is to present evidence that proves your guilt. This is the highest standard of proof in the law. The Burden of Proof as a Prosecutorįor a prosecutor to win their case, they have to prove you guilty beyond a reasonable doubt. The main burden of proof that you will need to worry about in a criminal case is proof beyond a reasonable doubt. This only requires 51% on the “burden of proof scale.” Under a preponderance standard, a plaintiff must prove their case against a defendant is more likely than not true. ![]() Preponderance of the evidence: This burden of proof is most common in civil lawsuits.It requires proof that a fact is highly and substantially more likely to be true than false. This level of proof is not as high as proof beyond a reasonable doubt but is the highest standard in non-criminal cases. Clear and convincing evidence: This burden of proof is most common in family law cases (when dealing with custody) and administrative law cases.This burden means the prosecution must show there is no other reasonable explanation for the evidence it presents at trial. ![]() To convict you of a crime, a prosecutor must prove your guilt beyond a reasonable doubt.
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