Preponderance. More likely than not. 51 vs. 49 percent.
No matter how you slice it, jurors don't get the concept of a lower burden of proof, and even if they did, they're still going to require you prove it "beyond a reasonable doubt" anyway.
So what's an attorney to do?
Check out this podcast for my [evolving] thoughts on the matter.
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“When you lecture jurors on the preponderance standard, the only thing they hear is, ‘he/she is trying to get away with something.’”
Sari de la Motte
If you liked this episode topic, check out these others:
- Episode #149 – The Two Types of Questions That Stall Out Voir Dire
- Episode #150 – Why You Need to Use the “Coffee Rule” in Voir Dire
- Episode #152 – How Bias Affects Voir Dire
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