The Yale Law Journal

Edward K. Cheng


Reconceptualizing the Burden of Proof

Edward K. Cheng

122 Yale L.J. 1254 (2013).

The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute threshold, the Essay reconceptualizes the preponder…