Burden Of Proof

In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the defendant beyond a reasonable doubt. Each of the twelve jurors must make his or her finding to convict or acquit the defendant. Any other option is considered a hung jury and is declared a mistrial.

In civil cases the plaintiff carries the burden to prove her case by the preponderance of the evidence. This is often viewed as winning 51% or more. The proof is also characterized as being that degree of evidence considered to be more persuasive then not.

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