From the Appendix to Lauren Sudeall Lucas, An Empirical Assessment of Georgia’s Beyond A Reasonable Doubt Standard to Determine Intellectual Disability in Capital Cases, 33 Georgia State University Law Review 553, 607 (2017).
| STATE | BURDEN OF PROOF |
|---|---|
| Alabama | Preponderance of the evidence |
| Arizona | Clear & convincing evidence |
| Arkansas | Preponderance of the evidence |
| California | Preponderance of the evidence |
| Colorado | Clear & convincing evidence |
| Florida | Clear & convincing evidence |
| Georgia | Beyond a reasonable doubt |
| Idaho | Preponderance of the evidence |
| Indiana | Preponderance of the evidence |
| Kansas | Not specified by statute or case |
| Kentucky | Preponderance of the evidence |
| Louisiana | Preponderance of the evidence |
| Mississippi | Preponderance of the evidence |
| Missouri | Preponderance of the evidence |
| Montana | None stated |
| Nebraska | Preponderance of the evidence |
| Nevada | Preponderance of the evidence |
| New Hampshire | None stated |
| North Carolina | Clear & convincing evidence (pretrial); Preponderance of the evidence (sentencing) |
| Ohio | Preponderance of the evidence |
| Oklahoma | Clear & convincing evidence (pretrial); Preponderance of the evidence (sentencing) |
| Oregon | None stated |
| Pennsylvania | Preponderance of the evidence |
| South Carolina | Preponderance of the evidence |
| South Dakota | Preponderance of the evidence |
| Tennessee | Preponderance of the evidence |
| Texas | Preponderance of the evidence |
| Utah | Preponderance of the evidence |
| Virginia | Preponderance of the evidence |
| Washington | Preponderance of the evidence |
| Wyoming | None stated |
