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What is the standard of proof in a criminal case? (A) Beyond any doubt (B) Beyond reasonable doubt (C) On the balance of possibilities (D) On the balance of probabilities - HSC - SSCE Legal Studies - Question 1 - 2013 - Paper 1
Question 1
What is the standard of proof in a criminal case? (A) Beyond any doubt (B) Beyond reasonable doubt (C) On the balance of possibilities (D) On the balance of probabi... show full transcript
Worked Solution & Example Answer:What is the standard of proof in a criminal case? (A) Beyond any doubt (B) Beyond reasonable doubt (C) On the balance of possibilities (D) On the balance of probabilities - HSC - SSCE Legal Studies - Question 1 - 2013 - Paper 1
Step 1
Identify the standard of proof
Answer
In criminal law, the standard of proof refers to the level of certainty required for a legal case to be determined. The correct standard of proof in a criminal case is crucial because it determines the burden of proof on the prosecution.
The options given are:
- Beyond any doubt: This phrase is too absolute to be practiced in law and is not the standard used.
- Beyond reasonable doubt: This is the correct standard of proof in criminal cases, meaning that the evidence must leave no reasonable doubt in the mind of a reasonable person regarding the defendant's guilt.
- On the balance of possibilities and On the balance of probabilities: These standards are used in civil cases, not criminal ones, and represent lower thresholds for proving a case.
Thus, the correct answer is (B) Beyond reasonable doubt.