Colorado Jury Instruction - 1.2 With Counterclaim By Defendant
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FAQ
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
In a civil case, the plaintiff must convince the jury by a ?preponderance of the evidence? (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.
1. The plaintiff has the burden of proving (his) (her) (its) claim(s) by a preponderance of the evidence. 2. The defendant has the burden of proving (each of) (his) (her) (its) affirmative defense(s) by a preponderance of the evidence.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
In criminal cases, the burden of proof lies on the prosecution, while in civil cases, it's placed on the plaintiff. The standard of proof required in criminal cases is much higher than in civil cases because a criminal conviction carries severe consequences, including the loss of freedom or even life in some instances.
There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.
The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.