Does every element of the offense violate the doctrine of proven beyond a reasonable doubt?
MultiRegion, United States of America
The following excerpt is from Solis v. Garcia, 219 F.3d 922 (9th Cir. 1999):
every element of the offense violate In re Winship's [397 U.S. 358, 364 (1970)] requirement that `every fact necessary to constitute the crime' must be proven beyond a reasonable doubt." Keating v. Hood, 191 F.3d 1053, 1061 (9th Cir. 1999). In such instances, constitutional error is presumed, and the court must determine whether that error was harmless. Id.
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