Due Process Clause Requires “Clear and Convincing” Standard of Proof in State Involuntary Civil Commitment Proceedings

Date

1979

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Observes the argument that standards of proof do not have an influence on the triers of fact in a case. The author contends that it is very unlikely that the court will make any substantial changes to the standard of proof. The author concludes that any attempt to define more specifically a difference in degrees of certainty would be impractical because of the subjective nature of the inquiry involved in civil commitment.

Description

Keywords

Reasonable doubt, Clear and convincing evidence, Due process clause, Civil commitment, Addington v. Texas, Case note

Citation

11 Tex. Tech L. Rev. 149