Civil commitment vs. criminal trials
- March 23, 2011 - 4:45 PM
Civil commitment trial
• No right to jury.*
• Proof by clear and convincing evidence.**
• Subject must testify.
• Confinement is indefinite.
• Right to jury.
• Proof beyond a reasonable doubt.
• Defendant may remain silent.
• Sentence is defined.* 16 of the 19 states that civilly commit sex offenders allow jury trials. ** 12 of the 19 states require higher standard of proof beyond a reasonable doubt.
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