Burden of proof - Civil vs Criminal Case? Why is the burden of proof much higher in a criminal case much lower than it is in a civil case? Criminal cases differ from Civil cases on many levels, but for example the O.J. Simpson case, he was found not guilty in the criminal case based on the evidence that was presented. And later when he faced a civil claim for the same case on behalf of the families, why was he than found guilty and ordered to pay the families damages? Seems pretty bizarre that he was found not guilty in one case and then guilty in the other