Fukkin Explain something to me, cause I'm a moron...

[TheEnforcer]

Criminal and civil cases are two entirely different types of legal proceedings. The burden of proof is diferent because the actions are brought by two different types of plaintiffs. In a criminal the state or feds, collectively known as "the people" are the plaintiffs and the action is brought about in the name of everyone in the state or country and your freedom and other rights can be stripped form you, thus the higher burden of proof. A civil case is brought about because of a dispute between two parties (yes there can be class action and such but I'm talking the basics) and the remedies are only financial so the burden of proof is lower.

The thinking goes that to have your freedoms taken away there must be a much higher burden of proof to qualify for conviction wherreas a dispute between two parties, which doesn't involve the loss of freedoms, doesn't require such a high standard of proof to find judgement for the plaintiff.


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