Murder is determined in a criminal lawsuit. Wrongful death is determined in a civil lawsuit. The burden of proof in criminal and civil cases is different.

In criminal cases, the standard is "proof beyond a reasonable doubt." There is also a presumption of innocence that stays with the defendant until and unless the jury returns a guilty verdict.

In civil cases, the standard of proof is "by a preponderance of the evidence," which essentially means "more likely than not," or put another way, proof by 51% or more.