What is the burden of proof required to prove that a mistake was prejudicial?
California, United States of America
The following excerpt is from People v. Gonzalez, 275 Cal.Rptr. 729, 51 Cal.3d 1179, 800 P.2d 1159 (Cal. 1990):
[800 P.2d 1212] Applying the principles stated above, I am compelled to conclude that the instructional error here was prejudicial. I simply cannot "declare a belief that it was harmless beyond a reasonable doubt." (Chapman v. California, supra, 386 U.S. at p. 24, 87 S.Ct. at p. 828.) Certainly, the People have not carried their "burden of proof" on the issue.
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