 Since the relevant utilities depend on the individual circumstances, such as the seriousness of the crime and the severity of the punishment, the decision-theoretic account of the standard of proof would seem, on both the simple and the modified version, to lead to the conclusion that the probabilistic threshold should vary from case to case (Lillquist 2002; Bartels 1981; Laudan and Saunders 2009; Ribeiro 2019). In other words, the standard of proof should be a flexible or floating one. This view is perceived to be problematic.