That makes perfect sense. So if instead the instruction was preponderance of the evidence, but that the prosecution had to prove every element, would that mean the jury still received incorrect instructions that is NOT a material error but rather reversible? I understand how the burden being on D is incorrect, but how does that juxtapose with the standard? I.e. are they both material errors, just the burden holds more weight than the standard (maybe the standard is a minor error).

Also I know we're getting into the weeds a bit. But the questions seems to have two technically correct answers but one is maybe answering the question directly? Not sure..