eli5: What does a “preponderance of evidence” entail for civil suits?
In: Other
Two sides present evidence concerning some yes-or-no issue; you have to pick which – yes or no. The one that wins is the one that is more likely to be true. That decision is made based on the preponderance of the evidence, generally the standard in civil disputes.
In criminal matters, in deciding whether someone is guilty or not, it is different. There is no equality of sides: the accused person doesn’t have to present any evidence that they are innocent.
Rather, the prosecution must demonstrate that the accused person is guilty. If the prosecution cannot do so, the accused must be found not guilty, even if it is more likely than not that they are guilty. The prosecution only proves its case if the only conclusion a reasonable person could come to, viewing the evidence presented, is that the accused is guilty. That is “beyond reasonable doubt”.
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