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What constitutes the standard of proof is a crucial area in which the two branches of the legal system differ. In criminal law the standard of proof is "proof beyond a reasonable doubt," whereas in civil cases the standard is "a preponderance of evidence or in some rarer cases "Clear and convincing evidence."
The criminal standard of proof is very strict and it is often difficult to get a conviction under this standard even with solid and convincing evidence. As a result of this strict standard, the guilty often go unpunished because the prosecution is unable convince the trier that the evidence meets this standard...
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Common topics in this essay:
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