Burdens of Proof

 Burdens of Proof

In order to win a case in court, the party making the charge of wrongdoing must meet a burden of proof.  The weight of the burden depends on the type of trial -- civil or criminal -- and sometimes on the specific charge.  In criminal trials, the burden of proof is reasonable doubt, which means that a normal person should not have any serious doubt about the truth of the charges.  Reasonable doubt is sometimes characterized as 95% certainty about the verdict.  In civil trials, the burden of proof is usually the much weaker preponderance of the evidence, meaning that a normal person weighing all of the relevant evidence would consider the charges more likely true than not.  Preponderance of the evidence is sometimes characterized as 51% certainty.  Finally, in a small handful of cases (such as patent infringement and termination of parental rights) an intermediate burden called clear and convincing evidence is used.  Clear and convincing evidence is sometimes characterized as 75% certainty.

The different burdens of proof are loosely reflected in the number of jurors required to reach a verdict.  In the federal system and in almost every State, unanimity is required in criminal trials.  In civil trials, unanimity is sometimes but not generally required; the exact number of jurors needed to render a verdict differs among jurisdictions.  (The number of members on a jury also differs substantially among jurisdictions.  In criminal trials, 12 is the usual number, but it is sometimes lower.  In civil trials, smaller juries are more common.  Juries almost always have at least 6 members.)