In re Winship

In re Winship
In re Winship
	Supreme Court of the United States
Argued January 20, 1970; Decided March 31, 1970
Full case name	In the Matter of Samuel Winship, Appellant
Citations	397 U.S. 358 (more) 90 S. Ct. 1068; 25 L. Ed. 2d 368; 51 O.O.2d 323
Case history
Prior	91 N.Y.S.2d 1005 (App. Div. 1968), aff'd, 247 N.E.2d. 253 (N.Y. 1969).
Holding
	The Constitution's Fourteenth Amendment Due Process Clause requires that every element of a criminal offense be proven beyond a reasonable doubt, instead of the preponderance of the evidence standard used heretofore in juvenile court.
Court membership
	Chief Justice Warren E. Burger Associate Justices Hugo Black · William O. Douglas; John M. Harlan II · William J. Brennan Jr.; Potter Stewart · Byron White; Thurgood Marshall
Case opinions
Majority	Brennan, joined by Douglas, Harlan, White, Marshall
Concurrence	Harlan
Dissent	Burger, joined by Stewart
Dissent	Black
Laws applied
	U.S. Const. amend. XIV

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 It established this burden in all cases in all states (constitutional case).^[1]^: 17

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. See, e.g., Apprendi v. New Jersey, 530 U.S. 466, 477 (2000); Sullivan v. Louisiana, 508 U.S. 275, 278 (1993).^[3]

References

^ ^a ^b Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]
^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 356
^ Varat, p. 357

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[CL-1] Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]

[2] Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 356

[3] Varat, p. 357

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See also

References