In re Winship

397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)

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In re Winship

United States Supreme Court
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)

  • Written by Craig Conway, LLM
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Facts

Samuel Winship (defendant), a juvenile, was found guilty by a preponderance of the evidence in a juvenile-delinquency proceeding of committing acts that would have amounted to larceny if they had been committed by an adult. Winship was sentenced to be confined at a “training school” for 18 months. The appellate court and New York Court of Appeals affirmed the judgment, and Winship appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

Concurrence (Harlan, J.)

Dissent (Burger, J.)

Dissent (Black, J.)

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Key Terms

  • Preponderance of the EvidenceA standard of proof that is met if the party with the burden shows that a proposition is more likely to be true than not true. This is the usual standard of proof for civil cases.
  • Beyond a Reasonable DoubtThe standard of proof required to convict an individual of a criminal offense. This is the most exacting standard of proof, requiring sufficient evidence to demonstrate that no other tenable explanation is possible.

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