What is the test for a jury to determine whether every element of the offense was proven beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Loy, S076175 (Cal. 2011):

other evidence to determine whether every element of the offense was proven beyond a reasonable doubt. [Citation.] They need not have been legal scholars to do so. They knew [defendant] was not charged with the [prior offense]. Reasonably intelligent people would on the instructions given here merely have put the prior offense into the deliberative mix as a factor to be considered. They would not have stopped after evaluating the prior and started signing verdict forms . . . ." iPeople v. Regalado, supra, 78 Cal.App.4th at pp. 1062-1063.)

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