The standard of proof in Gagnon cases is different from criminal cases. Criminal court cases require a higher level of proof in which the prosecutor must prove that the probationer or parolee committed the crime beyond a reasonable doubt. Therefore, the state must prove its case regarding the greater likelihood that the accused party did indeed commit the offense prior to imposing any fine and/or sentence upon the accused (Preponderance of the Evidence, 2010).
Gagnon cases are handled more along the lines of a civil basis which requires the party to prove his or her case based on the preponderance of the evidence (Commonwealth v. Sims, 2001). Proof of preponderance, or rather the balance of probabilities, means that based on the reasonable
Gagnon cases are handled more along the lines of a civil basis which requires the party to prove his or her case based on the preponderance of the evidence (Commonwealth v. Sims, 2001). Proof of preponderance, or rather the balance of probabilities, means that based on the reasonable