Question-Set-11

Burden of Proof is (BOP) defined as the "the degree of certainty a trier of fact must have to find the defendant guilty in a criminal case or liable in a civil case." (1a) What is the appropriate BOP in a criminal case?

(1b) What is the appropriate BOP in a civil case?

[2] The BOP in a criminal case exceeds that of the BOP in a civil case. Using theory, explain why that must be the case.

[3] We used the two cases Cal v Simpson and Rufo v Simpson to illustrate the differences in the application and effect on case outcome of differential BOPs. In doing so, the implicit assumption was made that the degree of certainty reached by both juries in those two cases were identical. Why is that assumption vital for illustrating the differences in the application and effect on case outcome of differential BOPs?