Preponderance of the evidence standard of proof applies to the competency to stand trial, just as it does in many types of court cases. In the case of competency to stand trial, the defense must prove that:

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The preponderance of the evidence standard requires proving that something is more likely than not to be true. In the context of competency to stand trial, this means the defense must demonstrate it is more likely than not that the accused is incompetent.

Preponderance of the Evidence Standard of Proof Applies to the Competency