Standards of Proof

I have learned over the years that some of the most well-recognized terms and standards to those who work in the system can be a source of a great deal of confusion for my students. It is no wonder that this occurs when you consider trying to define roles and functions in our system. I have found that visuals help, and we can debate the accuracy or "flexibility" of some of the statements I make below. These are my observations and descriptions of our system. The numerical percentages in the chart are not meant to be precise designations or thresholds of the standards or proof. They are just meant to be generally descriptive when comparing one standard to the next. I assigned the numbers based on the definition of the standards. As an example, Preponderance of Evidence has been described as "just tipping the scale" of evidence presented. Thus, I assigned it 51 percent.

There are many more standards and designations within the system, and that expanded diagram is in the works.

Scott Lorenz

Generally, Courts make adjudications, and individuals make "findings." A judge is not a "court" when signing warrants but is an individual officer of "the court." A preliminary hearing is a determination of probable cause having the same effect as an indictment.

Generally, facts are not guilty, and individuals are not probable cause. Courts determine guilt, and individuals determine probable cause.

Individuals are adjudicated guilty, liable, not guilty, and insane by courts and not individuals.

Facts are found to be probable cause by individuals and not courts.

Even though the judge in a bench trial is the sole determinate of guilt, "the court" finds the defendant guilty.

Police officers, grand juries, and magistrates (individuals) make probable cause determinations or findings. The determinations and findings result in permission to arrest, search, and continue to prosecute.

Probable cause is the most important standard as it blurs the line between a determination by an individual and a conclusion by a court.

Probable Cause justifies actions, including warrantless arrests and searches by police, and is the basis for magistrates approving warrants for arrests and searches. Police officers describe probable cause in search and arrest affidavits which are reviewed by magistrates using that same standard.

Probable Cause is not an adjudication by a court, but an indictment is a probable cause finding. Preliminary hearings are probable cause findings but not adjudications.