Burden of persuasion - sustany/dvg GitHub Wiki

The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof.�

In civil cases, a party's burden is usually "by a preponderance of the evidence."�In criminal cases, the prosecution's burden is "beyond a reasonable doubt." In practice, the given burden of persuasion is often dispositive in close cases or cases where evidence is limited. As a result, courts often utilize burden shifting to place the burden of persuasion upon the party best capable of producing relevant evidence.�

Unlike the burden of production, the burden of persuasion is an issue of fact, not an issue of law. As a result, a judge cannot dismiss a case before it reaches the jury for failing to meet the burden of persuasion.�