Civic · 6 pages · 12 min
Why civil and criminal burdens differ
Criminal conviction demands proof beyond a reasonable doubt, while civil cases usually use a lower bar.
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From the opening
Criminal cases and civil cases assign the risk of doubt differently because the consequences differ. A criminal conviction can take liberty and brand a person with guilt, while a civil judgment typically moves money or duties between parties. The opening covers crime uses reasonable doubt, civil cases often use preponderance, and a middle standard also exists.
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Inside
- Crime uses reasonable doubt
- Civil cases often use preponderance
- A middle standard also exists
- Acquittal is not a civil win
- Where the idea stops applying
- A distinction worth keeping
Sources
- Beyond a reasonable doubt
- Preponderance of the evidence