Legal Question in Criminal Law in Tennessee

Re: evidence

We have several burdens of proof used throughout the Court systems of Texas. "Probable Cause" and "Beyond a Reasonable Doubt" are just two of them, and are the two that you are asking about. One is the burden the State of Texas, through its prosecutor, must prove to show that the arrest was legitimate, i.e., "Probable Cause." The other burden of proof the prosecutor must prove to a fact finder (jury or judge) in order for an individual to be convicted. To explain this better, I am going to list and define all of the burdens of proof highest to lowest.

At the top is "BEYOND A REASONABLE DOUBT� If the facts and evidence of a criminal case are proven then a person may be kept in Jail or Prison, or sent to Death and/or labeled as a Criminal.

REASONABLE DOUBT� Is not legally defined by statute or case law in Texas and neither is "beyond a reasonable doubt." However, when reasonable doubt is defined, usually you will hear that it is doubt based on reason.

CLEAR & CONVINCING � is a burden that is found predominately in the family courts. In those courts, if the facts or elemnets of a case are proven, it wil be enough to take a child from a parent.

Case law defines "Clear and Convinciing" as, "that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. This is an intermediate standard, falling between the preponderance standard of ordinary civil proceeding and the reasonable doubt standard of criminal proceedings." "State vs. Addington", 588 SW 2d 569 (Tex. 1979).

PREPONDERANCE OF THE EVIDENCE� This is the burden of proof used in Civil cases, i.e., where someone sues someone else for causing them injuries, of some kind.

It is "the greater weight and degree of credible evidence admitted in the case. That degree of proof that, when taken as a whole, shows that a fact sought to be proved is more probable than not." "Lackey vs. State"; 819 SW 2d 111 (Tex. Crim. App. 1991}.

PROBABLE CAUSE� is the burden that the State must have to arrest/search home; Tear out walls or conduct a body cavity search.

"Probable Cause exists where, at that moment, the facts and circumstances within the knowledge of the arresting officer and of which they had reasonably trustworthy information was sufficient to warrant a reasonable and prudent man in believing that a particular person has committed or is committing an offense." "Brown vs. State"; 481S.W. 2d 106, (Tex. Cr. App. 1972)

Merely having probable cause to arrest is not necessarily enough to convict, depending the amount, type, or detail of evidence involved.