Most states established a criterion of "preponderance of the evidence" with regard to competency. In other words, a defendant had to show that it was more likely than not that he or she was incompetent.

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The "preponderance of the evidence" standard is commonly used in legal contexts, including competency hearings, where the burden is on the defendant to prove that it is more likely than not that they are incompetent.

Most States Established a Criterion of "Preponderance of the Evidence