How have the courts applied the proper burden of proof in cases involving allegations of sexual assault on a minor?

California, United States of America


The following excerpt is from People v. Marcus J. (In re Marcus J.), A141065 (Cal. App. 2014):

In general, we presume the juvenile court applied the proper burden of proof in matters tried to the court. (Ross v. Superior Court (1977) 19 Cal.3d 899, 914.) We agree with the People's argument that in stating "I have no trouble finding and I do find that by the standard of beyond a reasonable doubt that this wasthis crime was committed," the court explicitly understood its duty to determine from the evidence whether the allegations in the petition were proved based on that standard. Moreover, in addition to relying on Monjaras, the juvenile court analyzed and considered all the evidence presented at the hearing to support its finding beyond a reasonable doubt.

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