Burden of Proof

Posted on March 2, 2019 by Stephen Sorensen

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The Burden of Proof (onus probandi) is when a party which claims a claim must provide substantiation for their claim. This proof is commonly required court rooms for proving someone to be innocent or guilty. The burden of proof is not always on the party making a claim. I have included a list of vocabulary in the second part of this article. The vocabulary list serves to assist in clarifying terms that may otherwise be blurry.

A few definitions for “Burden of Proof” are;

1 – https://www.collinsdictionary.com/us/dictionary/english/burden-of-proof
2 – https://en.oxforddictionaries.com/definition/burden_of_proof
3 – https://www.merriam-webster.com/dictionary/burden%20of%20proof

From (1), standards for the burden of proof (standards of proof) may include but are not limited to;

1 – Proof Beyond a Reasonable Doubt (2)
Proof Beyond a Reasonable Doubt may be considered the highest standard of proof. This standard of proof is sometimes referred to as ‘to a moral certainty’. In other words, this standard of proof requires you to be absolutely sure in your conviction.

2 – Clear and Convincing Evidence (3)
Clear and Convincing Evidence is evidence which is substantially more true than untrue. Other names for this standard of proof are as follows; “clear, convincing, and satisfactory evidence”, “clear, unequivocal, satisfactory, and convincing evidence”, and “clear, cognizant, and convincing evidence.” This standard of proof is less strict than Beyond of Reasonable Doubt, but more strict than Preponderance of Evidence.

3 – Preponderance of the Evidence (4)
Preponderance of the Evidence is sometimes known as the “Preponderance Standard”. This standard of proof is satisfied when when party holding the burden “convinces the fact finder that there is a greater than 50% chance that the claim is true”. This is the burden of proof mainly used in a civil trial.

4 – Probable Cause (5)
Probably Cause can be defined as having “a reasonable basis believing a crime may have been committed”. The Fourth Amendment reads, “no warrants shall issue, but upon probable cause”. There is no clear definition for probable cause found in the constitution, but probable cause is a usual requirement for police to be allowed to obtain a warrant, conduct a search, or perform an arrest. However, under exigent circumstances, warrantless search/seizure may be conducted based on probably cause. A lack of probable cause can invalidate a warrantless arrest.

5 – Reasonable Belief (6)
Reasonable belief is “a principle that a law officer can conduct a search or seize a criminal without having a warrant if he is sure a criminal act is in progress or has been committed”. I personally wonder what constitutes an officer’s level of surety. I would assume the other items on this list play into it.

6 – Reasonable Indications
There is not a clear definition for this one that I could find. I imagine it means indictions (signs) that are reasonable may serve as a standard for the burden of proof.

7 – Reasonable Suspicion (7)
Reasonable Suspicion is a standard of proof used in criminal procedure which may or may not allow a police officer to perform a search. This is the weakest reason for search. The strongest to weakest authorities for allowing the performance of a search are a “search warrant, probable cause, and then reasonable suspicion”. Check (7) for more useful information about reasonable suspicion.

8 – Some Credible Evidence
There is not a clear definition for this one that I could find. I imagine it means that some evidence which has shown to be true may serve as a standard for the burden of proof.

9 – Some Evidence
There is not a clear definition for this one that I could find. I imagine it means that some evidence (credible, reasonable, or not) may serve as a standard for the burden of proof.

10 – Substantial Evidence (8)
Substantial Evidence may be defined as “evidence … more than a mere scintilla but less than preponderance”. In other words; it is more than mere conjecture. Substantial evidence typically is evidence with which any reasonable person would agree. Check (8) for more useful information.

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Vocabulary;

belief –
1 – https://www.collinsdictionary.com/dictionary/english/belief
2 – https://en.oxforddictionaries.com/definition/belief
3 – https://www.merriam-webster.com/dictionary/belief

clear –
1 – https://www.collinsdictionary.com/dictionary/english/clear
2 – https://en.oxforddictionaries.com/definition/clear
3 – https://www.merriam-webster.com/dictionary/clear

convincing –
1 – https://www.collinsdictionary.com/dictionary/english/convincing
2 – https://en.oxforddictionaries.com/definition/convincing
3 – https://www.merriam-webster.com/dictionary/convincing

credible –
1 – https://www.collinsdictionary.com/dictionary/english/credible
2 – https://en.oxforddictionaries.com/definition/credible
3 – https://www.merriam-webster.com/dictionary/credible

evidence –
1 – https://www.collinsdictionary.com/dictionary/english/substantial
2 – https://en.oxforddictionaries.com/definition/substantial
3 – https://www.merriam-webster.com/dictionary/evidence

indications –
1 – https://www.collinsdictionary.com/dictionary/english/indications
2 – https://en.oxforddictionaries.com/definition/indications
3 – https://www.merriam-webster.com/dictionary/indications

preponderance –
1 – https://www.collinsdictionary.com/dictionary/english/preponderance
2 – https://en.oxforddictionaries.com/definition/preponderance
3 – https://www.merriam-webster.com/dictionary/preponderance

probable –
1 – https://www.collinsdictionary.com/dictionary/english/probable
2 – https://en.oxforddictionaries.com/definition/probable
3 – https://www.merriam-webster.com/dictionary/probable

reasonable –
1 – https://www.collinsdictionary.com/dictionary/english/reasonable
2 – https://en.oxforddictionaries.com/definition/reasonable
3 – https://www.merriam-webster.com/dictionary/reasonable

substantial –
1 – https://www.collinsdictionary.com/dictionary/english/substantial
2 – https://en.oxforddictionaries.com/definition/substantial
3 – https://www.merriam-webster.com/dictionary/substantial