The main reason that the high proof standard of reasonable doubt is used in criminal trials is that such proceedings can result in the deprivation of a defendant's liberty or even in his or her death. Clear and Convincing Proof is evidence that establishes a high probability that the fact sought to be proved is true.
A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. In civil litigation, the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. It does not mean that no doubt exists as to the accused's guilt, but only that no Reasonable Doubt is possible from the evidence presented.īeyond a reasonable doubt is the highest standard of proof that must be met in any trial. The term connotes that evidence establishes a particular point to a moral certainty and that it is beyond dispute that any reasonable alternative is possible.
If the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty. The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.
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