''In re Winship'', 397 U.S. 358 (1970), was a

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

decision that held that "the

Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...

protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged."''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder,

/ref> It established this burden in all cases in all states ( constitutional case). In an opinion authored by Justice Brennan, the Court held that when a juvenile is charged with an act that would be a crime if committed by an adult, every element of the offense must be proved beyond reasonable doubt, not preponderance of the evidence. The case has come to stand for a broader proposition, however: in a criminal prosecution, every essential element of the offense must be proved beyond reasonable doubt. See, e.g., '' Apprendi v. New Jersey'', 530 U.S. 466, 477 (2000); '' Sullivan v. Louisiana'', 508 U.S. 275, 278 (1993). This case marked a rejection of the preponderance of evidence standard in any criminal cases and expanded the protections afforded by the Due Process Clause.

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External links

* United States Supreme Court cases United States Supreme Court cases of the Burger Court United States criminal burden of proof case law United States children's rights case law Juvenile case law 1970 in United States case law {{SCOTUS-Burger-stub

See also

References

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