![]() ![]() In other words, the jury must be virtually certain of the defendant’s guilt in order to render a guilty verdict. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. ![]() That is because, in such cases, the court is not in a position to weigh the evidence in its totality and must make a necessarily interim assessment.Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In civil cases where there is a preliminary issue, for example as to jurisdiction, the burden is sometimes expressed as “a good arguable case” or “much the better of the argument”. For example, in criminal cases in which a defence of insanity is raised, it is for the defence to establish it on a balance of probabilities, ie to the civil standard. In certain circumstances, the burden will fall on or shift to the other party. This is unofficially described as the 51% test. In civil cases, the burden of proof is on the claimant, and the standard required of them is that they prove the case against the defendant “on a balance of probabilities”. This is unofficially described as the 99% test. For the benefit of the jury in the Crown Court, this is usually expressed as requiring them to be “satisfied so that you are sure” of the defendant’s guilt. In criminal cases, the burden of proof is on the prosecution, and the standard required of them is that they prove the case against the defendant “beyond reasonable doubt”. The burden of proof, sometimes known as the “onus”, is the requirement to satisfy that standard. ![]() The standard of proof is the degree to which a party must prove its case to succeed. ![]()
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