In Cooper v. Oklahoma (1996) 517 U.S. 348, the United States Supreme Court addressed whether Oklahoma's statutory requirement that a defendant establish incompetency by clear and convincing evidence placed such an onerous burden on the defendant that it denied him due process. The court examined the historical and contemporary procedures for determining competency and found a near uniform application of a standard that a defendant was required to prove incompetence by a preponderance of the evidence. Based upon this near uniformity in procedures, the court concluded that a criminal defendant has a fundamental right not to stand trial when it is more likely than not that he lacked the capacity to understand the proceedings against him or to communicate effectively with counsel. It struck down the Oklahoma statute, finding that Oklahoma's heightened statutory standard for establishing incompetency offended a principle of justice that was deeply "'rooted in the traditions and conscience of our people.'" (Id. at p. 362.)