Answered Essay: What level of proof must the prosecution meet in order to prove their case in a criminal proceeding?

What level of proof must the prosecution meet in order to prove their case in a criminal proceeding? What level of proof must the plaintiff meet in order to win its case against the defendant? Why is there a difference?

Expert Answer

In a criminal case, the burden of proof lies with the prosecution and the prosecution has to prove their case beyond reasonable doubt in order to stand a chance of winning a favorable verdict.

In civil case the burden of proof lies with the plaintiff and the pliantiff has to prove his case in a manner which proves that he is more likely to be true than not true.

The burden of proof in a civil case for a plaintiff is lower than that for prosecution in criminal case. This is because in criminal cases, conviction can lead to prison time or even punishments such as life imprisonment or even death. While such is not the case for civil cases, so burden of proof is more stringent in case of criminal cases to ensure no innocent person is wrongly convicted even if it means letting go few guilty individuals for want of strong proof and evidence.

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