Section 28.37 Quantum of Proof and Evidence

• Library: Criminal Practice 2012 Supp

D. (§28.37) Quantum of Proof and Evidence

“The degree of proof necesary [sic] for parole or probation revocation is less than that required to sustain a criminal conviction. The hearing judge need only be reasonably satisfied that the terms of the parole have been violated . . . .” State v. Wilhite, 492 S.W.2d 397, 399 (Mo. App. S.D. 1973); Ex parte Moore v. Stamps, 507 S.W.2d 939, 949 (Mo. App. E.D. 1974).

The differences in standards of proof used in revocation hearings as opposed to regular criminal trials are illustrated by State ex rel. Cooper v. Hutcherson, 684 S.W.2d 857 (Mo. App. W.D. 1984). In Hutcherson the...