During an Internal Affairs investigation, what standard should the trial board use to make decisions?

In the context of an Internal Affairs investigation, the appropriate standard for the trial board to use when making decisions is a preponderance of evidence. This standard means that the evidence presented must show that something is more likely true than not true, essentially requiring that the likelihood of an assertion being true exceeds 50%.

Using a preponderance of evidence is suitable for internal investigations because they typically deal with administrative outcomes or employment-related matters rather than criminal charges. Therefore, this standard allows the board to evaluate the evidence regarding misconduct and make rulings accordingly, based on which side has more convincing evidence without the higher burden of proof required in a criminal court.

In contrast, the other standards presented are more stringent. Beyond a reasonable doubt is the highest standard of proof used in criminal cases and is not applicable here. Clear and convincing evidence requires a higher degree of certainty compared to a preponderance and is typically used in civil cases that involve significant interests. Probable cause is a standard used primarily for law enforcement to justify arrests or searches, which does not directly apply to internal administrative investigations.