In re Winship
In re Winship, 397 U.S. 358, 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." It established this burden in all cases in all states. The decision did not specify which facts constitute the charged crime.
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 ; Sullivan v. Louisiana, 508 U.S. 275, 278.
