How does the burden of proof differ between criminal and civil trials?
The difference between the burden of proof in a criminal and civil trial is substantial. In a criminal trial, it is ‘beyond a reasonable doubt,’ – about 98% guilty. In a civil trial, the burden of truth is usually called ‘a preponderance of the evidence,’ which means more than 50 percent. Another standard used in some civil trials is ‘clear and convincing,’ which means exactly 50 percent. So, very, very different burden, very different remedies; money versus incarceration.
