10
Standards of Proof
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•Beyond a Reasonable Doubt
•Clear and Convincing
•Preponderance of the Evidence
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Speaking Points

•The standard of proof required by law varies depending on the type of legal proceeding, and logically corresponds to the level of liberty or other interest that is at stake.

•The highest standard - beyond a reasonable doubt – is applied during criminal cases, where the penalty is greatest.

•The intermediate standard – clear and convincing – is applied during civil cases; it requires a “High probability”, or something less than “beyond a reasonable doubt”– this standard is seen most often in the involuntary civil commitment context.

•The lowest standard – preponderance of the evidence – is applied also during civil cases; “More likely than not”