What are the implications of the US Supreme Court's recent concern that a judge's use of the preponderance of the evidence standard may infringe an accused's due process rights?
California, United States of America
The following excerpt is from People v. Cleveland, 104 Cal.Rptr.2d 641, 87 Cal.App.4th 263 (Cal. App. 2001):
Apprendi v. New Jersey is one in a series of recent cases in which the United States Supreme Court has expressed concern that a judge's use of the preponderance of the evidence standard to determine various "sentencing factors" may infringe upon an accused's constitutional due process rights.3
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