Wills v. State

CHARLES E. ORTH, Jr. Judge,

Specially Assigned.

I

The administration of justice in Maryland recognizes three standards of proof to test the sufficiency of the *374evidence. The lowest standard requires proof by a “preponderance” of the evidence; the highest standard demands proof “beyond a reasonable doubt;” an intermediate standard calls for proof that is “clear and convincing.”1

We expect the trier of the facts to distinguish the subtle distinctions and nuances of a standard when called upon to apply it. But the terms “preponderance,” “clear and convincing” and “reasonable doubt” are not, at least…