What is the standard of proof required for findings in the hearing process?

The standard of proof required for findings in the hearing process within the context of the California Department of Corrections and Rehabilitation is "Preponderance of evidence." This standard means that the evidence presented must show that something is more likely true than not, essentially establishing a greater than 50% likelihood of the claims being accurate.

This standard is commonly used in administrative hearings, as it allows for a more flexible consideration of the evidence and is appropriate for the balance of interests involved in these proceedings. By using this standard, the focus is on the credibility and weight of the evidence rather than necessitating an absolute certainty, which corresponds to more serious legal contexts, such as criminal trials.

Utilizing a higher standard, such as "beyond a reasonable doubt," would be reserved for criminal cases, where the stakes are much higher. In contrast, "clear and convincing evidence" is a higher standard than preponderance but lower than beyond a reasonable doubt, used in specific civil cases but not generally in correctional hearings. "Basic evidence" does not stand as a recognized legal standard and lacks the necessary specificity to apply within a formal hearing process.

Thus, the use of "preponderance of evidence" in this context reflects the procedural expectations in the correction