– how does a judgement based on Balance of Probabilities not contradict Presumption of Innocence?

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If you are presumed innocent, it makes sense that OVERWHELMING evidence against you can result in a VERY LOW posterior probability of you being innocent. This sounds reasonable.

However a “balance of probabilities” sounds like something completely different, i.e. “one thing is more likely than the other”. How does this go along with presumption of innocence, where to my understanding the burden of proof beyond reasonable doubt should be on the prosecution rather than defence?

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Anonymous 0 Comments

TL;DR — they’re used in two completely different cases. They wouldn’t be used in the same case ever — you’d always pick one.

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