What is the test for proving beyond a reasonable doubt every element of the charged offense?
California, United States of America
The following excerpt is from People v. Barragan-Sullivan, A141366 (Cal. App. 2015):
It is axiomatic the People must prove beyond a reasonable doubt every element of the charged offense. (In re Winship (1970) 397 U.S. 358, 364.) A conviction on anything less is a violation of due process. (Jackson v. Virginia (1979) 443 U.S. 307, 313-314.) The Attorney General argues defendant has not shown the reason for the suspension is an element of the offense. We disagree.
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