Does the standard of proof under Proposition 36 require preponderance or beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Rodriguez, B269444 (Cal. App. 2016):
Defendant contends the Proposition 36 court applied the incorrect standard of proof in making its factual findings, because the appropriate standard is beyond a reasonable doubt, as enunciated by the court in People v. Arevalo (2016) 244 Cal.App.4th 836, not preponderance of the evidence.6 We are not persuaded.
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