AAERT Certified Electronic Reporter (CER) Practice Test

What type of proof is required in criminal cases?

1. Preponderance of the evidence

2. Clear and convincing evidence

3. Beyond a reasonable doubt

4. Probable cause

The correct answer is: Beyond a reasonable doubt

In criminal cases, the standard of proof required is "beyond a reasonable doubt." This standard reflects the high level of certainty that the prosecution must satisfy for a jury to find a defendant guilty. It is designed to protect individuals from wrongful convictions, ensuring that there is no reasonable doubt in the jurors' minds about the defendant’s guilt. The rationale behind this high standard is that a criminal conviction can lead to severe penalties, including imprisonment and other significant consequences for the accused. Therefore, the legal system requires that the evidence presented by the prosecution be so compelling that a reasonable person would have no doubt about the defendant’s guilt. This standard creates a strong safeguard for defendants, reinforcing the presumption of innocence until proven guilty. In contrast, the other standards mentioned serve different contexts. The "preponderance of the evidence" is typically used in civil cases, where the evidence merely needs to show that something is more likely true than not. "Clear and convincing evidence" is a higher standard than the preponderance but lower than beyond a reasonable doubt, often applied in civil cases involving certain issues, such as the termination of parental rights. "Probable cause" is a standard used to justify searches and arrests, indicating that there is a reasonable basis for