What is the test for reducing the burden of proof in a criminal case to less than preponderance?

California, United States of America


The following excerpt is from People v. Waters, 163 Cal.App.3d 935, 209 Cal.Rptr. 661 (Cal. App. 1985):

His claim of error is based on the later case of People v. Roder (1983) 33 Cal.3d 491, 189 Cal.Rptr. 501, 658 P.2d 1302. He insists that Roder lowered his burden of proof from preponderance to merely raising a reasonable doubt as to his guilt.

Other Questions


Is there any case law that supports the argument that reducing the burden of burden on trial by reducing the length of time required for trial? (California, United States of America)
Does the late instruction on attempted criminal threat reduce the prosecution's burden of proof? (California, United States of America)
What is the effect of section 1385(1) of the California Criminal Code on a motion to dismiss or reduce a criminal conviction? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
What is the burden of proving the underlying facts by a preponderance of the evidence in a criminal case? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Does CALCRIM No. 376 reference to "slight supporting evidence" reduce the burden of proof? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.