Questions tagged [burden-of-proof]

Standards for establishing a fact in court. In criminal-law: The theoretical requirements to establish guilt and obtain a conviction for a crime.

Filter by
Sorted by
Tagged with
10 votes
2 answers

Why are there distinct burdens of proof in civil and criminal cases?

In a criminal case, in all common law jurisdictions that I know of, an accusation must be proven to a high level which is commonly stated as being "beyond reasonable doubt", whereas in a civil case ...
user6726's user avatar
  • 211k
1 vote
2 answers

What is an example of “shifting the burden of proof”?

S136, Equality Act 2010 provides for “shifting the burden of proof”. Under relevant case law it is completely clear that the burden of proof has always remained on the claimant to make out a claim. So ...
Seeking answers's user avatar
0 votes
3 answers

Probabilistic justice or what is reasonable doubt

We all know that a person should be convicted of a crime if there is no reasonable doubt that the person is guilty. Let's consider this ideal case. Bill was killed. Police suspects John. John says, "...
Zlelik's user avatar
  • 107
10 votes
10 answers

Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?

In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both ...
bdsl's user avatar
  • 852
3 votes
3 answers

What is the legal standard of proof required for US citizenship?

Suppose a person was claiming US citizenship by virtue of being born in the US, but had some difficulty proving that they were born in the US. What would be the legal standard of proof needed to prove ...
Thomas's user avatar
  • 529
1 vote
1 answer

What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?

S136 Equality Act 2010 provides for shifting the burden of proof. But what standard does the claimant have to make out the preliminary facts to in order to engage this section? And is testimonial ...
Seeking answers's user avatar
1 vote
4 answers

How does "innocent until proven guilty" apply to non-payment?

Say I make a big win at a casino and walk out with a suitcase full of cash*. I decide I want to buy a car with it, so I head down to a car dealership, and buy a car - which I pay for by handing over ...
Benubird's user avatar
  • 409
0 votes
3 answers

Can a phone conversation be summoned from telecom operator as evidence in court of law

Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so. However, we wish to ...
Der Burger's user avatar
-4 votes
6 answers

In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant's guilt beyond a reasonable doubt?

Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a false statement by seeking the evidence to be inferred as ...
Dennis Francis Blewett's user avatar