California, United States of America
The following excerpt is from People v. Hedgecock, 272 Cal.Rptr. 803, 51 Cal.3d 395, 795 P.2d 1260 (Cal. 1990):
I would apply the "harmless beyond a reasonable doubt" Chapman standard, which I believe is clearly the correct standard of review applicable here. As in Figueroa, the majority's analysis is rooted in the constitutional principle that a jury must determine whether the prosecution has established[51 Cal.3d 433] each element of a charged crime beyond a reasonable doubt. (In re Winship, supra, 397 U.S. at p. 364, 90 S.Ct. at p. 1072.) As such, it is tempting to view the rule we announce today as central to the trial's "truth-finding function." (See Ivan v. City of New York (1972) 407 U.S. 203, 204, 92 S.Ct. 1951, 1952, 32 L.Ed.2d 659.) But the matter bears closer scrutiny in light of recent high court decisions.
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