What is the preponderance of evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Johnson, 115 Cal.App.4th 1169, 9 Cal.Rptr.3d 781 (Cal. App. 2004):

"The judgment of a reasonable man in the ordinary affairs of life, however important, is influenced and controlled by the preponderance of evidence. Juries are permitted and instructed to apply the same rule to the determination of civil actions involving rights of property only. But in the decision of a criminal case involving life or liberty, something further is required...." (People v. Brannon (1873) 47 Cal. 96, 97, 1873 WL 1260.)

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