24-14-3. Required mental conviction in civil and criminal proceedings.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In criminal proceedings, a greater strength of mental conviction shall be held necessary to justify a verdict of guilty.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1981, § 24-14-3, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

For article, “State of Emergency: Why Georgia’s Standard of Care in Emergency Rooms is Harmful to Your Health,” see 45 Ga. L. Rev. 275 (2010).

History of Section.: Former Code Section 24-4-3, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in John v. State, 33 Ga. 257 (1862) and Lucas v. State, 48 Ga. App. 42, 171 S.E. 850 (1933).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch8-14-(v20a)-2023-pdf.pdf, Volume V20A, 2023 edition, pages 564 to 565; merge action: carried; file SHA-256 5c80296e7624.