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 |
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