What are the Different Standards of Proof in the U.S. Legal System

The U.S. legal system and the system here in Minnesota are both built on the principles of justice and fairness and that we are all equal under the law. One the key components of this system is the burden of proof. In criminal cases, the Government always has the burden of proof with a few exceptions including asserting self-defense or defense of others. The standards of proof is different. This is the standard that must be sufficient to convince a fact finder, frequently a jury. This standard is different and is based upon the the kind of case it is. The purpose of this article will provide an overview of the different standards of proof in the U.S. legal system. If you are facing serious criminal charges in Minnesota, make sure that you consult with an experienced criminal defense attorney.

“The standard of proof is like a ladder. The higher you climb, the higher and harder it is and the more the State must prove to meet the burden.”

What are the Different Standards of Proof?

There are different standards of proof depending upon the kind of case we are discussing. Each is necessary to meet in order to accept the underlying premise. Failure to meet the burden, and it must be rejected. These burdens include:

• Reasonable Articulable Suspicion: The lowest standard of proof used here in Minnesota is "reasonable suspicion." Its usually used by the police to justify a stop. Its not just a hunch. It means there are specific and articulable facts that lead somebody to believe that criminal activity may be afoot and a person may be involved. It is less than probable cause.

• Probable Cause: Probable cause is a standard used in criminal law at the preliminary stage, such as when a warrant is sought or when making an arrest without a warrant. Its much less than proof "beyond a reasonable doubt" but still requires more than mere suspicion. Probable cause exists when the available facts and circumstances would lead a reasonable person to believe that a crime has been committed or that a particular individual is involved.

• Preponderance of the Evidence: This is the “more likely than not” standard or sometimes called the 51% standard. It is most commonly in some civil cases. It requires the party presenting the evidence to show that their version of the facts is more probable than the opposing party's version. Think of this like a horse race.

• Clear and Convincing Evidence: The higher standard frequently used in civil cases where the rights and interests of individuals or entities are at stake. So this is more than mere preponderance of evidence but not as high as required in criminal cases. Clear and convincing evidence means that the evidence presented is highly probable, highly persuasive, and leaves little room for doubt. Some say 75% ish.

• Beyond a Reasonable Doubt: This is the highest standard of proof used in criminal cases in the United States. In these cases, the Government must prove a person’s guilt to the extent that there is not a reasonable doubt left in the minds of the jurors. It is a purposefully high bar to protect individuals from wrongful convictions. It is also designed to support the presumption of innocence.

“Reasonable doubt is built on the premise that its better to let a 100 guilty men go free than to convict one innocent one.”

Criminal charges can be difficult and are filled with high emotions, high drama and can be extraordinarily complicated. When a jury has to determine whether somebody “did it”, it is important that they understand the different standards of proof so when they determine whether the standard of proof beyond a reasonable doubt has been met, they know what that standard actually means. An experienced trial lawyer and hopefully a Board Certified Criminal Law Specialist can help make sure that happens.

Jack Rice is a nationally known and respected criminal defense attorney. He is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When you iife is on the line, Jack Rice Defense.