Question

By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his or her Miranda rights

Answer 1

Answer:

- Preponderance of the evidence.

Explanation:

'Preponderance of the evidence' is described as the standard that is set for the lawsuits in the United States. Under this standard, the litigant is required to prove that there was more than 50% of the probability that the accused had caused the claimed damage or crime. This is why, it is also called as the 'burden of proof analysis' as the prosecutor is required to prove his/her claim's validity/truth. The other 50% consists of evidence that clarifies and convinces the court that the accused has committed the crime. In the given case, the 'preponderance of evidence' must be proved by the prosecutor to show that their claim is true more than 50%.