What is the standard of proof used by a judge to order a defendant to answer a charge of assault?

California, United States of America


The following excerpt is from Cummiskey v. Superior Court, 13 Cal.Rptr.2d 551, 3 Cal.4th 1018, 839 P.2d 1059 (Cal. 1992):

This standard of proof differs significantly from the standard used by a magistrate at a preliminary hearing. A magistrate will make an order holding a defendant to answer a felony charge if there is "sufficient cause" to believe the defendant is guilty. (Pen.Code, 872.) "Sufficient cause" or "probable cause" means a state of facts that would lead a person of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused. (People v. Slaughter (1984) 35 Cal.3d 629, 636, 200 Cal.Rptr. 448, 677 P.2d 854.) The burden

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