Civil Vs. Criminal Law (Evidence)

When it comes to proving a case against the defendant attorneys rely on evidence. Evidence is used to determine whether or not the person being accused is innocent or guilty. The type of evidence that is being found is different in criminal and civil cases.

During criminal cases it is the job of the state to find the evidence against the defendant (accused) in order to prove that they are guilty. The courts will always assume that the defendant is innocent unless the state can prove otherwise. The defendant does not have to worry about proving their innocence because of this unless they are pleading insanity. Then they would have to prove to the courts that they truly are insane and not just hiding behind an excuse.

The state is forced to find enough evidence “beyond reasonable doubt” that proves the defendant is guilty. This means that there must be around 98-99% probability that the defendant did in fact commit the alleged crime.
In civil cases the scenario is similar and yet different. It is the job of the plaintiff to find evidence against the accused and sometimes it can even be the defendant who is forced to find evidence to discredit the plaintiff.
The percentage of evidence that needs to be found to find someone guilty is much less than that is needed for criminal cases. Only 50% probability is required for the jury to find them guilty and to sentence them to compensate for any damages incurred.