Clear and convincing evidence is an intermediary burden of proof that is similar to showing a 75% likelihood that something occurred.If one more page is added, this is a preponderance. When explaining the idea of a preponderance of evidence to a jury, trial lawyers often use the idea of two stacks of paper, each with the same number of pages. It means slightly more than a 50% belief that a fact is true. A preponderance of the evidence is the lowest burden of proof in the American legal system.

To better understand proof beyond a reasonable doubt, it is helpful to consider the three standards of proof that a court can apply. The idea was first expressed in 1765, when an English judge named William Blackstone wrote, “It is better that ten guilty persons escape than that one innocent suffers.”īy requiring such a high standard of proof, the American legal system seeks to ensure that only people who are truly guilty are convicted.īut what does proof beyond a reasonable doubt actually mean? What Is Proof Beyond a Reasonable Doubt? Requiring that a prosecutor prove a defendant guilty beyond a reasonable doubt is a fundamental concept in American law that is intended to ensure that only people who are truly guilty are convicted of committing a crime. Proof beyond a reasonable doubt is the highest standard of proof in the American legal system.

Law terms beyond a shadow of a doubt