What is the current state of the law on the requirement of proof beyond a reasonable doubt in a civil case?
California, United States of America
The following excerpt is from People v. Harris, 37 Cal.Rptr.2d 200, 886 P.2d 1193, 9 Cal.4th 407 (Cal. 1994):
"It is self-evident ... that the [Fourteenth] Amendment requirement of proof beyond a reasonable doubt and the Sixth Amendment requirement of a jury verdict are interrelated." (Sullivan v. Louisiana, supra, 508 U.S. at pp. ---- - ---- [113 S.Ct. at pp. 2080-2081].)
Accordingly, "[i]t would not satisfy the Sixth Amendment to have a jury determine that the defendant is probably guilty, and then leave it up to the judge to determine ... whether he is guilty beyond a reasonable doubt." (Sullivan v. Louisiana, supra, 508 U.S. at p. ---- [113 S.Ct. at p. 2081], italics in original.)
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