Understanding the Burden of Proof
If you’ve ever watched news coverage of court cases or trials, you’ve likely heard the term “burden of proof.”
This concept gained significant attention during the O.J. Simpson case because it can be the deciding factor in who wins or loses a case. So, what does this term mean, and why is it important?
If you’re ever a juror in a trial, the burden of proof is potentially the most critical thing to understand—and you likely won’t have it fully explained until after the trial. In this post, I’ll provide a simple explanation to help you understand its significance.
What is the Burden of Proof?
The burden of proof refers to which party—either the defendant or the plaintiff—has the responsibility of presenting evidence to prove their claim.
In most cases, the party that brings the claim (typically the plaintiff) bears this burden.
Burden of Proof in Criminal vs. Civil Cases
There are different standards for the burden of proof in criminal and civil cases:
1. Criminal Cases
The standard is beyond a reasonable doubt because a person’s freedom is at stake.
This is an exceptionally high standard, as it should be.
2. Civil Cases
The standard is “a preponderance of the evidence,” meaning:
It is slightly more likely than not (e.g., 50.1% vs. 49.9%).
In a civil case, the plaintiff typically needs to prove:
That the defendant was at fault for the accident.
That the defendant’s actions caused the injuries in question.
Bonus Point: Defendant’s Burden in Comparative Fault Cases
If the defendant claims that the plaintiff is partially at fault, the defendant bears the burden of proof for this claim.
It’s not enough for the defendant to suggest that the plaintiff could have done something differently.
The defendant must prove by a preponderance of the evidence that the plaintiff acted negligently.
Example:
If you trip on a sidewalk defect:
The defendant cannot simply argue that you should have seen the defect.
You’re allowed to walk on a sidewalk without constantly scanning for hazards.
To prove negligence, they’d need to show that you were, for instance:
Looking at your phone while walking.
Walking blindfolded.
Key Takeaway for Jurors
As a juror in a civil case, it’s crucial to:
Hold the plaintiff to the correct burden of proof—that it’s more likely than not.
Remember: A small amount of doubt does not mean the plaintiff has failed to meet the burden of proof.
This is different from the "beyond a reasonable doubt" standard you may associate with criminal trials, like the O.J. Simpson case.
Why This Matters
The burden of proof is foundational to justice in civil cases. By understanding and applying it correctly, jurors help ensure that the legal process remains fair and that the outcome reflects the evidence presented.
At the end of the day, justice is all we are after.
