{"data":{"id":"us-hi/haw.-rev.-stat.-701-116","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 701-116","heading":"Proving applicability of the Code.","body":"When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:\n\n(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and\n\n(2) The fact must be proved by a preponderance of the evidence. [L 1972, c 9, pt of §1]\n\nCOMMENTARY ON §701-116\n\nThe draft follows the Model Penal Code in defining a standard of proof of facts called for in application of the Code. It would cover, for example, a finding that the defendant lacks mental capacity to proceed.[1] It logically places the burden of proof on the side whose interest or contention would be furthered if the finding is made. Proof must be by a preponderance of the evidence. Thus when facts making the defendant subject to increased penalties must be proved,[2] the prosecution need not prove them beyond a reasonable doubt, but only by preponderant evidence. The Model Penal Code draftsmen explain:\n\n... proof that satisfies the court is not likely to leave room for a substantial doubt; and this, in our view, affords an adequate protection in an area where we deliberately have sought to broaden the discretion of the court.[3]\n\n__________\n\n§701-116 Commentary:\n\n1. Cf. §§704-403 to 406.\n\n2. Cf. §706-662.\n\n3. M.P.C., Tentative Draft No. 4, comments at 114 (1955).","path":["HI Code","Division 5","Title 37","Chapter 701"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0701/HRS_0701-0116.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"f980c5d6b27126b2225ae3b570ca44957d9b83d451bac5c8cc4647bce7345889","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-701-115","next":"us-hi/haw.-rev.-stat.-701-117"},"notice":"GroundRules: Original legal text. Not legal advice."}