What is the burden of proof for civil case and a criminal case Assignment

What is the burden of proof for civil case and a criminal case - Assignment Example This is owing to the fact that the defendant stands to be jailed and lose other civil liberties in criminal cases. Owing to the penalties that are associated to criminal cases, the prosecution is charged with the duty of more than proving that the defendant committed the crime in question, it must be beyond reasonable doubt (Finkelman, 2006). In other words, the evidence presented against an individual should be adequate that no rational person can question their guilt. In addition to proving the guilt of the accused, the prosecution is required to prove that there was intention to commit the crime. In instances where the prosecution does not satisfy both requirements, the accused cannot be convicted. When dealing with a criminal case the burden of proof is on the state at all instances. It is upon the state to prove the defendant’s guilt. On the other hand, the defendant is viewed to be innocent and has nothing to prove (Finkelman, 2006). However, there are exceptions in instances where the defendant is under duress or self-defense and instances of insanity. Furthermore, the state should establish that the defendant satisfied every stipulation in the appropriate definition of crime. In spite of the fact that the concept is mostly linked to criminal litigation, it is applicable to civil litigation that relates to personal injuries, contracts and property issues. The plaintiff is required to have sufficient evidence to back their accusations while on the contrary the defendant must prove these accusations to be wrong. In civil cases, the burden of proof is originally on the plaintiff. However, there are various technical cases whereby the burden of proof is tranferred to the defendant. For example, in situations where the plaintiff has filed for a prima facie case, the burden of proof is tranferred to the defendant (Finkelman, 2006). In civil cases, the plaintiff wins if