What is the test for determining whether a reasonable trier of fact, applying the clear and convincing standard of proof, could have found that a dangerous individual was not dangerous?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sahhar, 917 F.2d 1197 (9th Cir. 1990):

B. Reviewing the evidence in the light most favorable to the government, we must decide whether a rational trier of fact, applying the clear and convincing standard of proof, could have found Sahhar to be dangerous. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979). Here, the district court received ample evidence demonstrating that Sahhar posed a substantial risk of causing future harm. During his period of evaluation and treatment from November 1987 until October 1988, Sahhar verbally and physically threatened staff members and other inmates, had to be physically restrained on at least one occasion, damaged at least three cells in which he was housed and physically assaulted a psychiatrist by approaching her from behind and squeezing her neck. Each of these acts occurred within a year of his commitment, and each clearly indicates the potential for risk to persons and property.

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