We had a conversation between primarily Belschaft, Glen, and myself on Discord regarding the standard of evidence. Generally, we agreed that "clear and convincing evidence" is a preferable standard of evidence to "preponderance of the evidence", but Glen remarked that the term itself may, to the average reader, not convey the subtle position between "preponderance" and "beyond a reasonable doubt" that "clear and convincing evidence" is situated in. We therefore agreed that it's best to simply define it in place, rather than using the term.
Belschaft provided the definition "substantially more likely than not that it is true" from Cornell's legal dictionary. I'll be using that definition in the next full draft:
Article 5 Wrote:(3) The assigned justice will deliver with the opinion a verdict for each indictment contained within the case. The verdict shall be guilty if and only if the accused admitted guilt or the justice has determined preponderance of the evidence it substantially more likely than not that the criminal act occurred.
(This post was last modified: 02-14-2018, 05:27 PM by Roavin.)
Reply