Who Has the Burden of Proof? Criminal vs. Civil Legal Standards Explained

The burden of proof determines which party in a legal proceeding must prove their claims and the standard of proof they must meet. The legal standard required for the case impacts everything from trial strategy and jury instructions to the outcome of the case itself.

The burden of proof comes into play in both civil and criminal matters. Understanding the nuances of this issue can be challenging, and if you are involved in a legal situation, it’s critically important to know how the standards apply.

If you need help to ensure that your legal rights are protected, contact an experienced attorney.

Two Components to the Burden of Proof: Persuasion and Production

There are two aspects to the burden of proof in legal matters:

1. The burden of production. This is the obligation to present enough evidence to raise a factual issue and avoid having the case dismissed before it proceeds to the end.
2. The burden of persuasion. This is the obligation to convince the trier of fact that a claim is true to the applicable standard of proof. In some cases, this burden may shift.

These two components define both whether a claim gets before the factfinder and whether it ultimately succeeds under the governing legal standard.

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The Governing Standards of Proof in Legal Cases

There are a few governing standards that apply to cases:

• Beyond a reasonable doubt. This is the highest standard of proof in the legal system. It reflects the highest level of concern when a defendant’s liberty is at stake in serious criminal cases.
• Preponderance of the evidence (civil). This represents the default civil standard for cases in the United States. To meet this preponderance of evidence standard, the claim must be more likely true than not (it’s often framed as greater than 50%).
• The clear and convincing evidence (civil, heightened). This is an intermediate standard requiring a firm belief or conviction in the truth of the allegations. This standard is often used in matters such as termination of parental rights cases, certain civil commitments, and, in some jurisdictions or for certain remedies, claims involving fraud.

Each of these standards requires a different strength of evidence.

Who Bears the Burden of Proof?

Which party bears the burden of proof in criminal and civil cases makes all the difference in how you prepare for a case.

Criminal Cases

In criminal cases, the prosecution bears the burden of proof throughout the legal proceedings under applicable criminal law. This requirement is consistent with the presumption of innocence.

In fact, the defendant is not required to present evidence to challenge the prosecution’s case at a criminal trial, though depending on the jurisdiction and the type of defense raised, the defendant may have to introduce some evidence to put an affirmative defense at issue.

The defendant’s guilt is not presumed. They are innocent until proven guilty.

Civil Cases

In civil lawsuits, the plaintiff typically bears the initial burden to establish each element of the claim. The party asserting a fact in a civil trial must generally prove it. In civil trials, defendants may carry the burden of proof on specific issues, such as affirmative defenses.

Shifting the Burden of Proof

Which party bears the burden of production can shift during a trial, though the burden of persuasion usually remains fixed.

For example, say the party with the initial burden of proof establishes a prima facie case, meaning they present enough initial evidence to prove their claim unless it’s later rebutted. This prompts the opposing party to respond and try to rebut their prima facie case. The burden then shifts to the opposing party to rebut the prima facie case.

When it comes to the prosecution’s burden on guilt, it does not disappear even when a defendant raises a defense. An affirmative defense is a legal argument in which a defendant raises additional facts or legal grounds that can defeat liability even if the other side proves its case.

Depending on the defense and the jurisdiction, the defendant may have the burden to introduce evidence to raise the issue in an affirmative defense. In some situations, the defendant may also have the burden of proving the defense, for example, federal insanity. In others, the prosecution must disprove the defense once it is properly raised, for example, self-defense in many jurisdictions.

Satisfying the Burden of Proof in Your Legal Case

What is required to satisfy the different standards of proof?

• Beyond a reasonable doubt is satisfied when the evidence leaves the trier of fact firmly convinced of guilt, with no reasonable doubt remaining.
• The preponderance of the evidence standard is satisfied when the evidence tips in favor of the claimant.
• The clear and convincing standard of proof is satisfied when the evidence produces a firm belief that the allegations are true. The strength of that belief is more than a preponderance but below the criminal threshold.

These standards show that meeting the burden of proof depends on presenting enough credible evidence to meet the specific level of certainty the law requires in that case.

When the Burden of Proof Is Considered Fulfilled

The burden of proof is satisfied when the trier of fact (judge or jury) believes that the applicable standard has been met based on the evidence.

This sufficiency of evidence is tested through various motions. The parties can also appeal the matter if they disagree with the decision. When the party with the burden fails to meet it, the opposing party wins.

Get Legal Help in Your Criminal Case

It can be confusing to understand the burden of proof, especially when multiple burdens apply or the burden shifts. Getting legal advice helps ensure your case meets the legal standard required to prevail. If you are facing criminal charges, contact an experienced criminal law attorney in your area today.