Another Atkins Court Decision added to the Court Decisions blogroll. Stripling v Georgia (2011) is a case where the Georgia Supreme Court held that Georgia’s proof beyond a reasonable doubt standard for Atkins claims is not unconstitutional. I am not a lawyer, but such a standard does make it very tough on defendants. It seems hard enough to win an Atkin's decision using the preponderance of evidence standard; even harder if the “clear and convincing” standard applies; and harder still if proof beyond a reasonable doubt is required.
I'll leave it to the legal eagles to comment on the relevance of these different standards of proof to Atkins cases. If any reader with legal background would like to make a "standard of proof" for dummies quest blog post please contact me. It would be helpful to us non-lawyers.
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