What is the prosecution's burden to prove every element of the crime beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Larry M. (In re Larry M.), F061286, Super. Ct. No. 04JQ0129F (Cal. App. 2011):

"It is the prosecution's burden in a criminal case to prove every element of a crime beyond a reasonable doubt." (People v. Cuevas (1995) 12 Cal.4th 252, 260-261.) The appellate court, to determine whether the prosecution has introduced sufficient evidence to meet this burden, must determine "'whether from the evidence, including all reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged.' [Citations.]" (People v. Crittenden (1994) 9 Cal.4th 83, 139, fn. 13.) In making this determination, "'we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] ... We presume in support of the judgment the existence of every fact the trier of fact reasonably could infer from the evidence. [Citation.] If the

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circumstances reasonably justify the trier of fact's findings, reversal of the judgment is not warranted simply because the circumstances might also reasonably be reconciled with a contrary finding.'" (People v. D'Arcy (2010) 48 Cal.4th 257, 293.)

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