What is the burden of proving by a preponderance of evidence that a person will not be a danger to the health and safety of others?
California, United States of America
The following excerpt is from People v. Grajeda, C074816 (Cal. App. 2015):
and thus more easily satisfied -- than the statutory burden to prove by a preponderance of evidence that he "will not be a danger to the health and safety of others." ( 1026.2, subd. (e), italics added.) The statute requires proof that he will not be a danger for any reason, not merely that he will not be such a danger for reasons that are beyond his control. (People v. Bartsch, supra, 167 Cal.App.4th at pp. 899-900.)
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