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for the government to obtain a criminal conviction, it must prove its case by clear and convincing evidence.

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User Ling
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1 Answer

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The phrase "clear and convincing evidence" refers to the standard of proof required for the government to obtain a criminal conviction. In order for the government to successfully convict someone of a crime, they must present evidence that meets this standard.

Clear and convincing evidence is a higher standard than the "preponderance of the evidence" standard in civil cases, requiring the government to present evidence that is highly and substantially more likely to be true than not. This means that the evidence must be persuasive, and compelling, and leave little room for doubt. Clear evidence is easily understandable, unambiguous, and not subject to multiple interpretations, while convincing evidence is highly persuasive and compelling, leading to a strong belief in its truth. For instance, if a person is accused of committing a robbery, the government must present clear and convincing evidence that proves their guilt beyond a reasonable doubt. This evidence may include surveillance footage, eyewitness testimonies, fingerprints, or other evidence that strongly supports the accusation.

The clear and convincing evidence standard is higher than the "beyond a reasonable doubt" standard, which is the highest standard of proof used in criminal cases. In summary, the clear and convincing evidence standard requires the government to present highly persuasive and unambiguous evidence that leaves little room for doubt to obtain a criminal conviction.

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User Thwiegan
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