What is the difference in burden of proof between a defendant convicted of assault at trial and a plaintiff in a personal injury action?
The following excerpt is from Gilberg v. Barbieri, 423 N.E.2d 807, 441 N.Y.S.2d 49, 53 N.Y.2d 285 (N.Y. 1981):
2 Indeed the difference in burden of proof favors preclusion of a defendant convicted in the first trial for he can only have been convicted if the fact finder found against him beyond a reasonable doubt and taking into consideration the presumption of innocence, whereas, in the personal injury action the burden of proof is only a preponderance and the "presumption of innocence is not indulged in a civil action," even one predicated upon an assault (Kurz v. Doerr, 180 N.Y. 88, 91, 72 N.E. 926).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
