Burden of Proof

The rules allocating who must prove what, and to what standard

Overview

Burden of proof has two faces, the burden of production, who must adduce evidence first, and the burden of persuasion, who loses if the trier is left in doubt. Criminal cases demand proof beyond a reasonable doubt, ordinary civil cases a preponderance of the evidence, and certain matters like fraud a clear and convincing standard. Shifting a burden changes outcomes as surely as changing the law, which is why allocation doctrine is contested in every system. The standard of proof, in short, is the price society demands before accepting a verdict.