What must the prosecution prove to establish criminal liability?

To establish criminal liability, the prosecution must prove each element of the offense beyond a reasonable doubt. This standard is crucial in the criminal justice system as it reflects the high burden of proof required to convict someone of a crime, acknowledging the serious consequences that can result from a criminal conviction, such as loss of freedom.

The "beyond a reasonable doubt" standard means that the jury must be firmly convinced of the defendant's guilt, which is a stronger requirement than just a simple majority or a "preponderance of evidence." This standard seeks to minimize the risk of wrongful convictions by ensuring that there is a high level of certainty regarding the defendant's guilt before a verdict is reached.

This requirement encompasses all elements of the crime, including both the actus reus (the physical act of the crime) and mens rea (the mental state or intent at the time of the crime), as well as any other specific elements that may pertain to the offense charged. By satisfying this rigorous standard, the prosecution ensures that justice is upheld and that the rights of the defendant are protected, reflecting the foundational principle that it is better for several guilty persons to go free than for one innocent person to be wrongly convicted.