Standard of proof required in criminal trials

Abstract

There are two recognised standards of proof namely: “beyond reasonable doubt” and “on the balance of probabilities”. Putting it more simply, it is one thing having different standards, but quite another trying to explain the difference between them.

By and large, a jury is under an obligation to acquit if unsatisfied with the evidence submitted. During the late 17th century England, in the course of directing juries there gradually developed the concept that a jury must decide on evidence adduced rather than on private knowledge. The jurors had to be satisfied in their conscience of the guilt or innocence of the accused. During the 18th century other new concepts were introduced, such as that the jury had to be certain ‘beyond doubt’. [extract]