Static-2002 coding rules (2009) - Static-99

- Balance of Probabilities (a.k.a., Preponderance of Evidence). This is the
lowest standard. It is common in civil cases and basically means
“more likely than not,” or at least 51% certainty.
- Clear and Convincing Evidence (a.k.a., Clear and Convincing Proof).
This less-common and infrequently used standard has a higher
threshold than Balance of Probabilities, but it is not quite as
stringent as Beyond a Reasonable Doubt.
There are two general types of decisions involved in scoring Static-2002. The
first involves whether something counts as a sentencing occasion (Items 2, [4], 5,
11, and 14). Generally, a sentencing occasion requires a criminal conviction or its
equivalent (which is subject to the Beyond a Reasonable Doubt standard). Some
“findings of guilt” occur outside the criminal justice system (e.g., priests, military)
and special rules apply (see pages 29-36); minimally, the Clear and Convincing
Evidence standard should be met. Decisions based on a Balance of Probabilities
are generally insufficient to be counted as a sentencing occasion.
Aside from the issue of whether something “counts” as a sentencing occasion, all
other coding decisions are subject to the Balance of Probabilities standard (e.g.,
Is this victim a stranger? Was this offence sexually motivated? Would this
behavior be subject to criminal sanction if the offender was not already on
parole/probation?).
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