What is the test for the burden of proving each element of a criminal charge beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Hunt, E049774 (Cal. App. 2011):
As explained in People v. Henning, supra, 178 Cal.App.4th at page 406, "'Under the United States Constitution and California law, the government must prove each element of a charged offense beyond a reasonable doubt. [Citations.] Whether an instruction correctly conveys this standard must be determined by examining the instruction in the context of all the instructions, given the jury. [Citations.]'" Taking into consideration the jury instructions as a whole, we conclude there was no instructional error or violation of defendant's due process rights. CALCRIM No. 220, in conjunction with the other instructions, adequately instructed the jury on the prosecution's burden of proving each element of the charged crimes beyond a reasonable doubt.
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The judgment is affirmed.
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