Question

Which of the following is NOT an element of a crime?

A. proof beyond a reasonable doubt of every element of the offense
B. defendants capacity and mens rea
C. prior statutory prohibition of an act
D. Proof by a preponderance of the evidence of every element of the offense

Answer 1

Proof by a preponderance of the evidence is not an element of a crime; instead, proof beyond a reasonable doubt is required in criminal cases.

Step-by-step explanation:

The element which is NOT an element of a crime is D. Proof by a preponderance of the evidence of every element of the offense. In criminal law, the standard demanded is proof beyond a reasonable doubt for every element of the crime. This is a much higher standard than the preponderance of the evidence, which is the standard used in civil cases. The elements of a crime generally include the defendant's capacity and mens rea (the mental state), as well as prior statutory prohibition of an act. However, 'proof by a preponderance of the evidence' is not sufficient to determine criminal liability.