Texas Court Security Officers (CSO) Certification Practice Test

In a revocation hearing, the standard of proof required is the preponderance of evidence. This means that the evidence presented must show that it is more likely than not that the claim is true. Essentially, this standard is met when there is a greater than 50% chance that the violation occurred.

This level of proof is less stringent than beyond a reasonable doubt, which is the standard used in criminal cases where a defendant's liberty is at stake. In revocation hearings, however, the emphasis is on whether the individual has complied with the terms of their probation or parole rather than assessing guilt for a criminal offense.

Clear and convincing evidence is a higher standard than preponderance of evidence and is often used in cases involving civil commitments or evidence that could result in significant personal consequences. Probable cause is a standard used to justify searches and seizures, not typically applicable in revocation hearings.

Thus, understanding that the nature of a revocation hearing requires only a preponderance of evidence helps clarify why it is the appropriate standard in this context.