|
Burden of Proof: The necessity, obligation, or
duty of a party to a controversy to prove the existence or non-existence
of a contested fact or assertion.
Translation: Who has to win by that much.
In nearly all cases where the government brings charges or allegations
against you, that agency has the burden of proof.
Standards of Proof in Juvenile Court
Proceedings
Preponderance of Evidence
Proof which is of greater weight or more convincing than the proof
that is offered in opposition to it; that is, proof which as a whole
shows that the fact sought to be proved is more probable than not.
This is the standard of proof in Juvenile cases, for the Jurisdiction
Hearings.
Real World Meaning: If the county's proof is 51%
stronger or more convincing than that of the opposing party (you),
their petition will be upheld by the court. While this is a relatively
low standard of proof, do not be fooled. The department must still
affirmatively prove the allegations it is asserting in every case
by the preponderance of the evidence.
Clear and Convincing
Proof that results in a reasonable certainty of the truth of the fact
or assertion in controversy.
This is the standard of proof that is used in Juvenile Court for disposition
hearings. If the county is seeking a disposition of family reunification
over your family, the burden of proof rests with the government.
Real World Meaning: The burden shifts again to the
county; their proof must be 70-80% more convincing or stronger than
that of the opposing party (you).
Reasonable Doubt
Proof that results in the belief that the fact or allegation by the
government is true beyond a
reasonable doubt.
This is the standard of proof that is uses in criminal cases. It
is NOT used in Juvenile Court proceedings.
What is a reasonable doubt? Here is how one judge attempted to define
the concept: “…that which is a reasonable man or woman
might entertain… not a fanciful doubt, not an imagined doubt,
not a
doubt that a trier of fact might have conjured up to avoid performing
and unpleasant task or duty.”
Real World Meaning: If the government proves guilt
or evidence of guilt beyond a reasonable
doubt, they win.
Overview | Juvenile
Hearings | Placement | >
Burden of Proof
|
