Burden Of Proof

The burden of proof is one of those phrases that you hear all the time (Law and Order comes to mind), but there are some details to it that you might not know.

The burden of proof typically lies on one party in a court case. For instance, in a criminal case, the prosecuting attorney (the side pointing the finger) has to prove the defendant (the one saying "Wasn't me!") actually...did it. That's where the Law and Order cops come in and solve the case in under an hour.

But the phrase you might now know is the "standard of proof." This one dictates how strongly the accusing group has to prove it.

For example, if you're being accused of petty theft, less proof is required because the punishment to you isn't so great. The standard of proof is lowered in proportion to the crime. But if you're being tried for murder, the standard will be much, much higher, because the crime is more serious, and the risk of damaging a person innocently accused is greater.

Interestingly, the standard of proof can be applied to both parties in a case, and be at different levels, again depending on the crime.