Legal burden of proof

innocence project said that “some people break rules just because they wanna win”. (CBS NEWS, 2014). The rule breaking is not easy for a common citizen because of the fear of law but there are departments that work with some kind of immunity for the legal work. Prosecutors also have the immunity from being investigated. That is why he was sure that nothing could harm his career. He had not to worry because of the ruling of the Supreme Court that allow prosecutors the absolute immunity from civil…

The “straw purchaser” stipulation was a harmless error because it did not affect the outcome of the District Court proceedings. While Kotteakos, as Petitioner may point out, concluded that the proper test was not whether the jury’s decision was correct, but rather the error’s potential effect on the jury’s decision-making, recent interpretations of harmless error analysis suggest a departure from this holding. See Kotteakos v. United States, 68 S.Ct. 1247 (1946). The Court’s analysis in recent…

“May it please the court, your honor, opposing council, members of the jury - an impossible burden means an impossible conviction,” Sophomore Lora Randa said to a crowd of people gathered in a courtroom in Eau Claire on Feb. 11. Tension and competition filled the room as she continued to tell the story of an innocent girl being accused of first degree reckless homicide. Randa is a dedicated member of the school’s Mock Trial team and is the attorney that closes the case for the defence. “The…

Unsolved Lake Bodom Murders The murder of three local teen raises a lot of havoc in a small town of Espoo, Finland. To this day we do not know who killed the three teens and left one unconcious. The fourth teen that lived does not have any remembrance of the night and can not remember seeing anyone at the scene. The lake Bodom murder is the biggest murder mystery in all of Finland. Today, people of Finland are still trying to pinpoint who exactly did it. Luckily through my research, one can say…

Elder Mistreatment Case Study This case study was concerning the health and safety of Mr. Edward McKay in his home. Mr. McKay is an 82 year old gentleman who after suffering two cerebral vascular accidents has been left with left sided hemiplegia and is unable to speak. He is bedridden with bilateral lower extremity contractures, incontinent, dysphasic and dysphagic. Mr. McKay’s physical condition alone would require total care on a 24 hour basis to assist with feeding, changing and turning…

here are two recognised standards of proof in Scots law. The first is beyond reasonable doubt, which is usually in criminal cases. The second is on the balance of probabilities which arises mostly in the civil context. This would suggest that the law on the standard of proof is straightforward. However ambiguity arises in the argument that there is or that there should be a third standard. Another important complication to this area of the law arises when considering civil circumstances that may…

Approaching the conflictions regarding the controversial skeptical argument of the Brain in A Vat there can be many flaws or holes seen within the argument itself, Moore’s Proof, the Anti-Skeptical argument, and Modus Ponens. Throughout all of these examples many flaws or counter examples arise that can either help or reject the argument by themselves, but when using all together you get a better stance on the argument. Upon closer examination of premise one, I know that I have hands only if I…

Claim and Issues: This opinion answers the question of whether Slim can be granted permanent name suppression under s 200(2) of the Criminal Procedure Act 2011 (the Act) for charges of cocaine use laid against Slim under the Misuse of Drugs Act 1975. The grounds Slim can appeal under the Act include s 200(2)(a) and (e), being: I) Can Slim be granted permanent name suppression due to the “extreme hardship” she will be under if her name is released? II) Whether Slim should be granted name…

Judge: “Am I not to hear the truth?” Objecting Counsel: “No, Your Lordship is to hear the evidence. ” Evidence law is a mixture of principles, rules, guidelines and discretions. Jeremy Bentham legal theorist, stated it thus; ‘The field of evidence is no other than the field of knowledge’. The law of evidence is a critical subject for any lawyer or indeed party to a proceedings, who is concerned with investigation or the conduct of trials. The law of evidence is essentially about, the facts or…

There are multiple stages of the criminal court process that create a burden of proof that contribute to criminal justice investigations. Every court process begins with a crime allegedly committed to determining its legal status. Law enforcement and detectives determine if the crime was illegal or legal due to the investigations. They investigate a crime by interviewing victims, witnesses, and suspects. They also gather physical evidence by taking pictures, fingerprint, and DNA samples. The…