(4)4 Legal Standards of Proof - Criminal
(4)4 Legal Standards of Proof - Criminal
This chapter governs legal standards of proof in criminal proceedings.
(4)4.1 Proof Beyond a Reasonable Doubt
“Proof beyond a reasonable doubt” is the highest standard of proof and applies to criminal convictions.
A fact is proven beyond a reasonable doubt when, after considering all admissible evidence, a reasonable person would have no reasonable uncertainty as to the defendant’s guilt.
This standard does not require absolute certainty, but it does require more than suspicion, probability, or belief.
(4)4.2 Probable Cause
“Probable cause” exists when objective facts and reasonable inferences would lead a reasonable person to believe that:
- A crime has been committed; and
- A specific individual committed that crime.
Probable cause requires more than suspicion, but less than proof beyond a reasonable doubt.
(4)4.3 Reasonable Articulable Suspicion
“Reasonable articulable suspicion” exists when specific, identifiable facts, taken together with reasonable inferences, indicate that criminal activity may be occurring or is about to occur.
A mere hunch, intuition, or unarticulated belief is insufficient.
The facts forming reasonable suspicion must be explainable and capable of being stated on the record.