Onus probandi, or burden of proof, is the obligation to use evidence to convince decision-makers of the truth in a court case. The burden of prosecution varies depending on the case, with criminal cases placing the burden on the prosecution and civil cases on the plaintiff. The burden of proof also varies, with criminal cases requiring proof beyond a reasonable doubt and civil cases requiring a preponderance of evidence. Other matters, such as search and seizure or arrest, also require a burden of proof.
Onus probandi is a Latin phrase meaning “burden of proof”. Burden of proof is a legal term that refers to the obligation in a court case for a party to use evidence to convince the person or persons making the decision on the case that their version of events is true. In most legal systems, the burden of prosecution rests with the plaintiff in civil trials and with the prosecution in criminal trials. Depending on the case at hand, the task of fulfilling the burden of proof can vary from a party who simply has more evidence than the other party to the prosecutor who needs to prove their case beyond a reasonable doubt. There are also different burdens of proof to justify actions such as criminal search and seizure, arrest or prosecution.
In any judicial process, there is an implied conclusion that is accepted before any evidence is presented. Whichever side has onus probandi must then attempt to displace this accepted conclusion of the opposition opinion to their own side by the use of evidence. The other party has the benefit of presumption, meaning they don’t need to prove their case: they simply have to prove that they are not the guilty party.
The question of which party bears the burden of prosecution depends on the type of case. In criminal cases, most legal systems place the burden of proof of the case on the prosecution. Civil cases generally require the plaintiff, or the party bringing the civil case to court, to prove the case for her.
There are various burdens of proof that must be fulfilled by the party holding onus probandi. These charges also depend on the type of case under consideration. The heaviest burden comes in criminal trials, where the prosecution is required to prove the defendant guilty beyond a reasonable doubt. On the other hand, civil cases simply require the plaintiff to establish a preponderance of the evidence, which simply means that he establishes a better case than the defendant. Clear and convincing evidence is a burden that lies between these two extremes, and it often comes into play in the conviction of a criminal.
Issues of onus probandi also arise in other matters that may result in court cases. For example, police officers conducting a search and seizure of an individual must demonstrate that they have a reasonable suspicion that a crime has been committed or is imminent. Grounds for making an arrest or indictment require a heavier burden, as the accuser must prove that probable cause existed for such an action. Probable cause means that there was a good chance that evidence implicating the defendant would eventually be found.
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