What is the burden of proving all elements of the offense charged?
MultiRegion, United States of America
The following excerpt is from Doe v. Busby, 11 Cal. Daily Op. Serv. 13060, 2011 Daily Journal D.A.R. 15540, 661 F.3d 1001 (9th Cir. 2011):
In a criminal trial, whether at the state or federal level, [t]he prosecution bears the burden of proving all elements of the offense charged, and must persuade the factfinder beyond a reasonable doubt of the facts necessary to establish each of those elements. Sullivan v. Louisiana, 508 U.S. 275, 27778, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) (citations
[661 F.3d 1016]
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