Understanding the Standards of Proof in Legal Proceedings
Do you know what the different standards of proof are? My name is Aaron Grubb. I’m the Tahlequah criminal attorney at Wirth Law Office. In this video, we’re just going to talk about the different standards of proof.
The standard of proof is basically what a person or an individual, or the state, needs to prove for the judge to accept as a legal conclusion. For instance, probable cause refers to the likelihood of a crime having occurred, which can usually be established in criminal proceedings, such as when an officer has probable cause to arrest you or in felony cases.
Different Types of Standards of Proof
In felony cases, the question often arises: Is there probable cause that you committed this crime so that the case can proceed? This is usually addressed in a preliminary hearing. The standard of proof here is a very low standard, which can be thought of in terms of percentages as a 20% chance that an act or crime did occur.
For civil cases, the standard of proof changes. Most of the time, you will encounter the preponderance of the evidence standard. This means that the evidence shows that a certain conduct or fact is more likely to occur than not. You can think of this as a 51% chance that a fact is true or a crime was committed.
Higher Legal Standards of Proof
The next standard is clear and convincing evidence, which is a higher threshold. You can think of it as about a 70% to 90% chance that a fact is true. Lastly, the highest standard of proof is beyond a reasonable doubt, which is used in criminal convictions. This can be categorized as a 95% chance that a fact or conduct occurred.
It’s essential to note that these are the legal standards of proof, and they are often not strictly adhered to by juries or judges. Therefore, having zealous legal counsel is crucial to advocate for your case and ensure that the court adheres to these standards of proof.
Get Your Initial Legal Strategy Session
If you need assistance with your legal matter, please contact the Tahlequah felony attorney here at Wirth Law Office. We can help. Give us a call at (918) 458-2677 to schedule a low-cost initial strategy session.
