forensic: standard
of proof
The degree of probability to which factual assertions must be proven to allow a moving party to prevail in
litigation. For example, the state must prove a criminal defendant's guilt
"beyond a reasonable
doubt" in order to obtain a conviction. A person's mental illness and
harmfulness must be shown by "clear and
convincing evidence" before involuntary hospitalization is legal. A plaintiff must
demonstrate malpractice by a "preponderance of the
evidence" in order to win damages in a personal
injury action. (see also burden of proof).*
Books and Other
Media:
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*Committee on Psychiatry and Law, of the Group for the Advancement of Psychiatry The Mental Health
Professional and the Legal System Paperback 1992 American
Psychiatric Press
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