Philosophy 1020 Lecture Notes - Lecture 21: Public Law
16 May 2016
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Recall a contrast from a few classes ago: In private law, the plaintiff must make out her case against the defendant on the balance of probabilities . In criminal law, the crown must persuade the fact-finder of the guilt of the defendant (or accused) beyond a reasonable doubt . Private lawsuit is between one private party and another. Public law actions occur between the individual citizen and the state (includes criminal law) You walk in, as the accused, to be innocent: you just have to raise doubt on the case. The burden of proof is on the crown to prove that you are not innocent. If you could be convicted merely on the balance of probabilities, you were barely presumed to be innocent, because of how easy it was to tip the scale in the opposite way of your favour.
