The burden of proof refers to the obligation of a party in a trial to produce the evidence that will prove the claims they are making. The burden of proof is an important concept in civil and criminal trials. It helps ensure a fair process by making one party responsible for providing evidence to support their side. Understanding which party carries the burden can be critical to building a strong case.
What Does Burden of Proof Mean?
The burden of proof establishes which party is responsible for putting forth arguments and evidence to prove their claims. In legal terms, the burden refers to two types of burdens:
Burden of production – The obligation to present enough evidence on a fact or issue to allow a fact-finder to consider it. This establishes that a claim has enough merit to warrant consideration.
Burden of persuasion – The duty to convince the judge or jury to a standard, such as “beyond a reasonable doubt.” This establishes that a claim is true based on the evidence.
The burden of proof creates an obligation on one party to prove its version of facts or issues as true. The party who does not carry the burden is not required to do anything. However, they may choose to put forth contrary evidence to rebut the other side’s claims.
Burden of Proof in Civil Trials
In civil litigation, the default rule is that the plaintiff (the party bringing the lawsuit) carries the burden of proof. The plaintiff must produce evidence to establish the facts necessary to prove the claims in the complaint. If the plaintiff fails to meet their burden, the defendant (the party being sued) will prevail.
Burden of Production
For each claim the plaintiff makes, they must present a minimum amount of evidence to support that claim before the case can proceed. If the plaintiff does not offer evidence to support an element of a claim, the judge can dismiss the claim without requiring the defense to rebut it.
Burden of Persuasion
In civil litigation, the plaintiff has the burden of persuading the jury that the facts and evidence prove their case. The standard of proof in civil cases is “a preponderance of the evidence.” This means the plaintiff must show it is more likely than not that the facts are true. If the plaintiff fails to meet this standard, the jury will return a verdict for the defendant.
Shifting Burdens
While the plaintiff carries the main burden, the burden can shift between parties under certain circumstances. For example:
- The defendant carries the burden of proof on any affirmative defenses raised.
- The burden may shift to the defendant on a rebuttable presumption in the law.
- The standard of proof may be heightened for issues where public policy demands it, such as in fraud claims.
Though exceptions exist, the overarching rule in civil litigation is that plaintiffs carry the burden.
Burden of Proof in Criminal Trials
The burden of proof operates differently in criminal trials, due to the rights afforded to criminal defendants under the U.S. Constitution. The baseline rules are:
- The prosecution bears the burden of proof.
- The defendant is presumed innocent until proven guilty.
- The prosecution must meet a high standard of proof – “beyond a reasonable doubt.”
Burden of Production
The prosecution must produce enough evidence in its case-in-chief for each element of the criminal charge(s) to support a guilty verdict before the case can go to a jury. The judge can dismiss charges if the prosecution fails to meet this burden.
Burden of Persuasion
The prosecution has the burden of convincing the jury of the defendant’s guilt “beyond a reasonable doubt.” This is a very high standard, purposefully tilted in the defendant’s favor. If the prosecution does not meet this standard, the jury must return a verdict of “not guilty.”
The burden never shifts to the criminal defendant. However, the defense may choose to put on its own evidence to rebut the charges against the defendant and raise doubts about the prosecution’s case. When considering the totality of evidence, the ultimate burden remains with the prosecution.
Policy Reasons for Burden of Proof Rules
There are important policy reasons behind placing the burden of proof on plaintiffs in civil cases and prosecutors in criminal ones:
- Fairness – The burden requires the initiating party to support their claims, rather than forcing the other party to disprove unsupported claims.
- Access to Evidence – The plaintiff and prosecution typically have better access at the outset to evidence supporting their assertions.
- Constitutional Rights – Criminal defendants are afforded presumption of innocence and due process under the 5th and 14th Amendments.
- Societal Interests – The higher standard in criminal cases acknowledges the severe consequences of a guilty verdict.
The burden of proof promotes fairness in the legal process and protects important rights and interests.
Conclusion
The burden of proof is a pivotal concept establishing which party must put forth evidence to prevail on claims made in legal proceedings. In civil cases, the default rule is that the plaintiff bears the burden of proof under a “preponderance of evidence” standard. In criminal cases, the prosecution bears the burden of proving guilt “beyond a reasonable doubt.” Though exceptions exist, the burden typically remains with the initiating party. This serves important policy goals of fairness, access to evidence, constitutional rights, and societal interests. Understanding which party carries the burden can be critical to building a strong legal case.
| Case Type | Party with Burden | Standard of Proof |
|---|---|---|
| Civil | Plaintiff | Preponderance of evidence |
| Criminal | Prosecution | Beyond a reasonable doubt |
Frequently Asked Questions
What is meant by burden of proof?
The burden of proof refers to the obligation of a party in a trial to produce the evidence that will prove the claims they are making. It establishes which party must put forth arguments and evidence to prevail.
What are the two components of the burden of proof?
The two components are the burden of production and the burden of persuasion. The burden of production requires providing enough evidence to allow consideration of a claim. The burden of persuasion requires convincing the fact-finder to meet the standard of proof.
Who typically carries the burden of proof in civil cases?
In civil litigation, the plaintiff – the party who initiates the lawsuit – nearly always carries the burden of proof. Exceptions may occur if the defendant raises affirmative defenses which shift the burden.
What is the standard of proof in a civil case?
The plaintiff must prove their case under the standard of a “preponderance of the evidence.” This means proving it is more likely than not that their facts and claims are true.
Who has the burden of proof in a criminal case?
The prosecution bears the burden of proof in a criminal trial. The defendant is presumed innocent unless the prosecution can prove guilt beyond a reasonable doubt.
Can the burden of proof ever shift between parties?
Yes, there are limited exceptions where the burden can shift between the plaintiff and defendant or prosecution and defense. But the initiating party usually retains the overall burden.
Why are burden of proof rules important?
These rules serve important policy goals of fairness, access to evidence, upholding constitutional rights, and acknowledging societal interests in criminal cases.