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]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with the burden of proving that a proposed charge accurately represents the law? (MultiRegion, United States of America)
Does a fisher who is charged with criminal contempt have the burden of proving that he falls within the scope of an injunction against him? (MultiRegion, United States of America)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
What is the burden of proving constructive amendment to a criminal charge? (MultiRegion, United States of America)
Is the "natural and probable consequences" charge in the context of sexual assault a burden-shifting charge? (MultiRegion, United States of America)
What is the burden of proving that a delay in bringing a criminal charge of sexual assault caused actual prejudice? (MultiRegion, United States of America)
What is the burden of proving vindictiveness against a federal prosecutor who increases the severity of criminal charges following a procedural right? (MultiRegion, United States of America)
What is the burden of proving each element of an alleged sentence enhancement beyond reasonable doubt? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is an "offence" where "the elements of the lesser included offense" are a subset of the charged offence? (MultiRegion, United States of America)
