United States v. Dominguez Benitez — Scalia, J., concurring

Summary

Justice Scalia concurred in the judgment but disagreed with the Court's holding that respondent need not show prejudice by a preponderance of the evidence. He criticized the gradations of probability standards, arguing only clear measures like "more likely than not" are serviceable for judicial decisionmaking. He would require defendants failing to object at trial to show effects on substantial rights are more likely than not.