In the legal system, the burden of proof refers to the amount of evidence needed to determine the guilt or innocence of a defendant. This standard is higher for criminal charges than for civil lawsuits, as the consequences of a criminal conviction are more severe and can include imprisonment, fines, and a tarnished reputation. A civil judgment, on the other hand, may result in monetary damages, but it does not carry the same stigma as a criminal conviction.

In California, the burden of proof in criminal cases is “beyond a reasonable doubt,” while in civil cases, it is “preponderance of the evidence.” Both standards will come into play in the coming months for Alec Baldwin, who is facing civil and criminal charges over the shooting during the filming of “Rust” that resulted in the death of cinematographer Halyna Hutchins.

The New Mexico District Attorney is filing involuntary manslaughter charges against Baldwin and Hannah Gutierrez Reed, the film’s armorer. For Baldwin and Gutierrez to be convicted, the prosecution must prove beyond a reasonable doubt that the defendants were more than just negligent. Put another way, the jury must be convinced that Baldwin’s behavior was an extreme departure from the reasonable care that an average person would exercise under similar circumstances.

Because of the immense weight they carry—Baldwin faces up to five years in prison—criminal charges rarely following accidental shooting deaths, even when they occur in non-professional settings that lack formal safety protocols. Instead, involuntary manslaughter charges are most commonly applied following fatal traffic accidents that involved extreme recklessness, like alcohol impairment or excessive speeding.

There are also civil suits against Baldwin regarding the systemic cost-cutting measures that his production company allegedly took during filming that ultimately contributed to dangerous conditions on set. These are in addition to the lawsuit that the victim’s widower filed against Baldwin over violations of industry standards. That suit was settled in October of last year.

As for the other civil suits that are still pending, the burden of proof is much lower. The jury only needs to be convinced that the alleged cost-cutting measures were more than likely implemented and that they more than likely affected the safety of everyone on set.

At the end of the day, the burden of proof required in criminal and civil cases in California serves to protect the rights of the accused. The higher burden of proof in criminal cases aims to ensure that only those who are truly guilty are convicted, while the lower burden of proof in civil cases allows for a quicker resolution of disputes. The Baldwin case serves as a reminder of the different burdens of proof and the importance of protecting the rights of the accused in both criminal and civil cases while still giving the victims their due.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.