In re Winship

In re Winship, 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged.

[1]: 17 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.

[2] 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.

[3] 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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