Burden of Proof
Standards of proof
This refers to the duty to provide evidence for allegations raised in the context of legal action. The standard of proof is the degree of proof needed in a legal action to persuade the court (e.g., judge or jury) that a given allegation is indeed founded or true. There are three main types of standards of proof: beyond a reasonable doubt, clear and convincing evidence, and a preponderance of the evidence. Artificial percentages have been associated with each of these standards of proof with beyond reasonable doubt coinciding with 90–95% certainty, clear and convincing evidence of 75%, and a preponderance of the evidence associated with just over 50%. Each of these standards is used during different inquiries in criminal procedure (e.g., insanity defense, competency to stand trial, and competency to be executed), and there are other standards used by appellate courts when reviewing trial court records. Under the current Mental Penal Codestandard...
References and Readings
- Denney, R. L. (2005). Criminal forensic neuropsychology and assessment of competency. In G. Larrabee (Ed.), Forensic neuropsychology: A scientific approach. New York: Oxford University Press.Google Scholar
- Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C. (2007). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers (3rd ed.). New York: Guilford Press.Google Scholar