The following are the most common standards of proof in civil and criminal cases, from lowest to highest. The standard that applies depends on the type of case. The more serious the consequences, the higher the standard of proof is likely to be. Potential loss of liberty (jail or prison), for example, involves a higher standard of proof than a lawsuit for money.

(For an important distinction in legal terms, see “What’s the difference between the burden of proof and the standard of proof?”)

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STANDARDS BEFORE TRIAL

Some legal standards aren’t used by jurors at a trial, but by judges who must make determinations at pretrial hearings. In criminal cases, two such standards are reasonable suspicion and probable cause. These standards are most often at issue when defendants file motions to suppress evidence. Preliminary hearings also involve a determination of probable cause.

Substantial Evidence

At an administrative hearing, an administrative law judge (ALJ) reviews the decision of a government agency, such as the DMV or an unemployment agency. A citizen affected by the decision brings a challenge, and the ALJ reviews the decision. Appellate judges who in turn review administrative judges’ decisions often use the 'substantial evidence' standard. This standard falls between probable cause and preponderance of the evidence, and requires more than a “mere scintilla of evidence.” Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” (Richardson v. Perales, 402 U.S. 389 (1971).)

Preponderance of the Evidence

The preponderance-of-the-evidence standard is the default for most civil lawsuits. In these cases a plaintiff is typically suing a defendant for lost money because of acts like breaking a contract or causing a car accident (the money loss might be due to vehicle damage and medical bills, for example). Preponderance of the evidence is met if the trier of fact (judge or jury) believes the evidence shows the defendant is more likely than not—more than 50% likely to be—responsible.

Clear and Convincing Evidence

The clear-and-convincing-evidence standard goes by descriptions such as “clear, cogent, unequivocal, satisfactory, convincing” evidence. Generally, this standard is reserved for civil lawsuits where something more than money is at stake, such as civil liberties. Examples include:

• restraining orders
• dependency cases (loss of parental rights)
• probate of wills, and
• conservatorships.

(Conservatorship of Wendland, 26 Cal. 4th 519 (2001); Santosky v. Kramer, 455 U.S. 745 (1982).)

“Clear and convincing” means the evidence is highly and substantially more likely to be true than untrue; the trier of fact must have an abiding conviction that the truth of the factual contention is highly probable. (Colorado v. New Mexico, 467 U.S. 310 (1984).

Beyond a Reasonable Doubt

”Beyond a reasonable doubt” is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. (In re Winship, 397 U.S. 358, 364 (1970).)

Courts over the years have debated the extent to which the government has to prove its case to meet this high standard. But it’s clear that, according to the standard, it’s not enough for the trier of fact to simply believe the defendant is guilty. Rather, the evidence must be so convincing that no reasonable person would ever question the defendant’s guilt. The standard requires that the evidence offer no logical explanation or conclusion other than that the defendant committed the crime. Courts sometimes describe this level of confidence in a verdict as a moral certainty.

“Beyond a reasonable doubt” doesn’t mean, however, that the prosecution must eliminate all unreasonable doubts a jury could possibly have. Nor must the prosecution prove the case beyond a shadow of a doubt or to an absolute certainty. These would be impossible burdens because only witnesses to an alleged crime can be certain—and even then, not all witnesses can be certain. Rather, this highest of standards requires—after consideration of all facts—only one logical conclusion: that the defendant is indeed guilty.

Nneka Egbuna was born in a Warri, a bustling and thriving metropolis (with a population of over 1 million) in Nigeria in 1981 and used to sing in her school's and church choir in Nigeria. She says 'In my life the only places I really felt secure were and still are in the Music and in the Lord?. After relocating to Germany she's been singing ?professionally? for 5 years now. Her influences reflect her younger days in Nigeria as well as her time in the western world as she names famous compatriot Fela Kuti and legend Bob Marley as well as contemporary rappers Mos Def..

After relocating to Germany she's been singing ?professionally? for 5 years now. Her influences reflect her younger days in Nigeria as well as her time in the western world as she names famous compatriot Fela Kuti and legend Bob Marley as well as contemporary rappers Mos Def, Talib Kweli, Mobb Deep and Lauryn Hill. After gaining experiences good and bad with several producers and artists, she finally met DJ and Hip Hop Beatmaker, DJ Farhot (Hit Spot Productions) and they are working together for 2 years now. Before that she started hanging out with artists such as ?Maskoe? and ?The Chosen Few Crew? (Short Lord, Sensai Miyagie, Antonio, Seven 30 a.o.) and recorded songs with them. Subsequently they became her posse.
Musically her songs range from deep soulful ballads like her ?Confession? tune to modern reinventions of the UK sound, that ?Massive Attack? once was popular for (?Changes?) to funk-driven Hip Hop tracks (?Stand Strong?). Even though she sings more than raps, she claims Hip Hop as her primary musical roots and an important source of her inspiration. You can call it Hip-hop Soul, if you want to, but as most real artist, Nneka doesn't like labels. Even more important for her thoughtful lyrics are her origin and up bringing in Nigeria. ?I get inspired when I take a severe look at the things going on in our world today; especially in my country. How people live, suffer and endure pain, politicians and religion. And when I see all that man has evoked and created out of self-centeredness and devotion to material things?, she rants.
Playing occasional gigs on her own backed by DJ Farhot, she already made herself a name on the local scene of Hamburg and its surrounding areas, when for the first time sharing her musical message with a bigger audience and introducing her own band in June 2004: With no released record to her credit yet she got herself the opening slot at Sean Paul's open air show in Stadtpark. Another highlight in her onstage-career placed herself in front of the prisoners and prison officers at her Majesty's prison service Holloway Islington London UK in February 2005, where she gave a taste of her mission for 45 minutes without back up.
After finishing the production of her debut EP ?The Uncomfortable Truth? she toured Germany, Austria and Switzerland opening up for label mate Patrice. September 2005 saw the release of her highly acclaimed album ?Victim Of Truth? followed by a club tour with her band. The new year started with 10 shows opening up for Seeed and another tour on her own in April. Shows in Paris and Amsterdam as well as more festivals will follow?.
www.nnekaworld.com

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