What is the burden of proving a defense by a preponderance?
California, United States of America
The following excerpt is from People v. W. Valley Caregivers, Inc., 196 Cal.Rptr.3d 82, 242 Cal.App.4th Supp. 24 (Cal. Super. 2015):
The due process clause of the 14th Amendment requires that the prosecution prove every element of a criminal offense beyond a reasonable doubt. (Mullaney v. Wilbur (1975) 421 U.S. 684, 685, 95 S.Ct. 1881, 44 L.Ed.2d 508.) But, this requirement only extends to the essential elements of a crime (In re Winship (1970) 397 U.S. 358, 361364, 90 S.Ct. 1068, 25 L.Ed.2d 368 ), and the government may constitutionally specify the defendant has the burden of proving a defense by a preponderance of the evidence. (
[196 Cal.Rptr.3d 86]
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