What is the standard of proof in a civil trial?
In a civil trial in California, the standard of proof required to find someone guilty of a drug crime is “preponderance of the evidence.” This means that the plaintiff must prove that it is more likely than not that the defendant is guilty of the crime. For example, if a defendant is accused of drug possession, the plaintiff would need to show that the defendant was more likely in possession of drugs than not. The preponderance of the evidence standard is lower than the standard used in a criminal trial. In a criminal trial, the standard of proof is “beyond a reasonable doubt” which means that the evidence must overwhelmingly support a guilty verdict. The burden of proof in a criminal trial is higher than in a civil trial. In order to establish the preponderance of the evidence, the plaintiff must provide evidence in the form of testimony, documents, expert opinion, or other evidence that would lead the jury to believe that the defendant is more likely guilty than not. The jury may consider the credibility of witnesses, the evidence presented, and the strength of each side’s argument in order to decide on a verdict. Although the standard of proof in a civil trial is lower, the burden of proof can still be difficult to meet. In a civil trial, the jury is asked to weigh evidence and testimony, and then make a decision based on what they believe is the truth.
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