What is the preponderance standard for determining whether a defendant is mentally ill?
"New York", United States of America
The following excerpt is from People ex rel. Thorpe v. Von Holden, 473 N.E.2d 14, 483 N.Y.S.2d 662, 63 N.Y.2d 546 (N.Y. 1984):
2 It is, however, only as to dangerousness that the Commissioner would be entitled to the preponderance standard. To apply that standard in determining whether, in the course of the required hearing, the Commissioner has established that defendant is "mentally ill" would be impermissible under Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323.
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