In California, the burden of proof refers to who has the responsibility to prove their claim. In criminal cases, it is generally the prosecutor. In civil cases, it is generally the plaintiff. The burden can shift in certain circ*mstances during the case. The standard of proof that has to be met by the party with the burden of proof depends on the situation.
How the burden of proof works
When a legal claim is made, it must be proven. Which party has the responsibility to prove the claim is said to have the burden of proof.
Generally, the burden of proof falls on the party initiating the case. This is the:
- prosecutor, in criminal cases, or
- plaintiff, in civil lawsuits.
However, there are certain situations during these cases where the burden can shift from one party to the other.
Civil cases
A civil lawsuit is a legal claim brought by one private entity (the plaintiff) against another (the defendant). It generally demands that financial compensation be paid by the defendant for causing the plaintiff’s injuries or other losses.
Examples of civil cases are:
- personal injury claims, such as lawsuits from car accidents or slip and falls,
- employment law claims, like those for workplace harassment or discrimination, and
- breach of contract claims.
In these, the plaintiff has the burden of proof.
In certain, limited circ*mstances, that burden can shift to the defendant. For example, in employment discrimination claims in California, the plaintiff has the burden of proving a prima facie case. This involves showing that:
- they engaged in protected activity,
- they suffered an adverse employment action, and
- there was a causal link between the two.
If the plaintiff in these cases establishes a prima facie case, the burden of proof shifts to the defendant. The defendant would then be responsible for showing that there is a legitimate and non-discriminatory reason for the adverse employment action. If they can show this, then the burden of proof shifts back again to the plaintiff, who would have to prove that the proffered reason is pretextual.[1]
Criminal cases
Criminal charges are allegations by a public law enforcement agency that the defendant broke the law. They can seek criminal fines, prison time, and other sanctions like victim restitution.
Examples of criminal charges are:
- murder (California Penal Code section 187 PC),
- drug possession (Health and Safety Code 11350 HS), and
- identity theft (California Penal Code 530.5 PC).
In these, the law enforcement agency, generally in the form of a prosecutor or district attorney, has the burden of proof. However, in limited situations it can shift to the defendant. Many of these situations are known as affirmative defenses.
One example under California law is the insanity defense. This is the defense that you either:
- could not understand the nature of your criminal act, or
- could not distinguish right from wrong.[2]
It is up to you to prove one of these elements is satisfied in order to succeed with an insanity defense.[3]
Differences from the standard of proof
The burden of proof is all about which party has to prove their claim. The standard of proof is how completely that party must prove their claim before the burden is satisfied.
You can think of the difference like a high jump competition. The burden of proof is who has to jump over the bar. The standard of proof is how high the bar is set.
Standards of proof
The California legal system uses a handful of standards of proof. The three most common are:
- preponderance of the evidence,
- clear and convincing evidence, and
- beyond a reasonable doubt.
Each one is a higher standard of proof than the last.
In some cases, like driving under the influence (DUI), there can be more than one standard of proof at play. In these cases, the standard of proof used in the administrative action against your driver’s license is that the police officer had reasonable cause to believe you were under the influence. The criminal case, however, uses the higher standard of beyond a reasonable doubt.
By meeting the applicable standard of proof, you can satisfy your burden of proof and prove your legal claim.
Preponderance of the evidence
The preponderance of the evidence standard is met when you present evidence that shows your claim is more likely than not true. For example, youcan prove a case by a preponderance of the evidence by showing that your claim is 51 percent likely to be correct.
In California, this is the standard used for nearly all civil lawsuits, including California personal injury cases. A personal injury lawyer will have the experience to know what evidence will likely meet this standard of proof.
It can also be used in other circ*mstances where the burden of proof has shifted. For example, California criminal defendants raising the insanity defense have to prove the defense by a preponderance of the evidence.[4]
Clear and convincing evidence
The clear and convincing standard of proof is met when the evidence presented shows it is highly probable that the claim is true.[5]
This is the least common standard of proof of the 3 listed here. It most frequently comes up in the following legal matters:
- civil trials for fraud,
- family law cases involving a conservatorship, and
- claims under personal injury law that demand punitive damages.
Beyond a reasonable doubt
The beyond a reasonable doubt standard of proof is met when the evidence presented is so convincing that no reasonable juror or trier of fact would have doubts that the claim is true.
This standard of proof is used in criminal cases. Prosecutors have the burden of meeting it on each element of the crime charged.
The defense lawyers at our law firm can raise reasonable doubts about the existence, or nonexistence, of a fact needed for your conviction.
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Legal Citations:
[1] This is known as the “McDonnell Douglas burden shifting approach.” See McDonnell Douglas Corp., v. Green, 93 S.Ct. 1817 (1973) and Guz v. Bechtel National, Inc., 24 Cal.4th 317 (2000).
[2] California Penal Code 25 PC.
[3] California Evidence Code section 522 EC.
[4] California Criminal Jury Instructions (CALCRIM) No. 3450.
[5] California Civil Jury Instructions (CACI) No. 201.
