Legal Definitions - burden of persuasion

The burden of persuasion is the level of belief that a party must convince a jury that a particular fact is true. It is one half of the burden of proof, along with the burden of production. In civil cases, the burden is usually "by a preponderance of the evidence," while in criminal cases, the prosecution's burden is "beyond a reasonable doubt." The burden of persuasion is often dispositive in close cases or cases where evidence is limited, and courts may shift the burden to the party best capable of producing relevant evidence.

In a civil case, the plaintiff has the burden of persuasion to prove that the defendant is liable for damages. If the plaintiff can convince the jury by a preponderance of the evidence that the defendant is responsible, then the plaintiff will win the case.

In a criminal case, the prosecution has the burden of persuasion to prove that the defendant is guilty beyond a reasonable doubt. If the prosecution can convince the jury that there is no reasonable doubt that the defendant committed the crime, then the defendant will be found guilty.

These examples illustrate how the burden of persuasion determines the level of belief required to convince a jury of a particular fact. In both cases, the burden is high, but the standard is different depending on the type of case. The burden of persuasion can be dispositive in close cases, meaning that it can determine the outcome of the case if the evidence is limited or inconclusive.