Legal burden of proof

sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

The lawfulness of the use of force is determined in court on the basis of it being used by a public officer in performing his/her legal duty or a person assisting or acting under the direction of an officer. Another key point is when force is used by a person who is arresting another who has committed a felony and bringing him/her to a competent officer who can receive the person into the custody. Furthermore, it is determined on the basis of the force being used by a person in his/her own…

different colors of race had to be separated but later was reversed by that case Plessy v. Ferguson which stated that everyone should be treated a like and there should not be any rational distinctions. One of the levels is Strict Scrutiny, which is the legal standard for determining whether any…

restricted by gender, race, or religion (which raises crucial constitutional questions). As a result, the government uses the three-tiered “levels of scrutiny” to address systems of classification imposed by the state, giving the government a greater “burden of proof”, to protect some classificatory…

formerly poor neighborhoods, such as Chicago, Los Angeles, and New York. However, immigrants have become an object of disapproval in many places of the United States. For example, in 2013, approximately 41 percent of Americans said that immigrants are a burden to society and the economy, as they take jobs and housing, and receive public benefits. Others imply they support…

towards the death penalty in order to evaluate if it has a positive or a negative outcome. As a result of legalizing the death penalty the amount of perpetrators and crimes will diminish, wrongful executions are not likely to occur, and it removes the burden from taxpayers by having to pay less housing for criminals. To start with, as a result of legalizing the death penalty the amount of perpetrators and crimes will diminish. In the Fourteenth Amendment it says that states shall not "deprive…

biggest and fastest-growing fields of law thereby necessitating the demand for IP professionals well versed in this area to deal with (IPRs) across the national and international borders. In a broadly way, Intellectual Property can be defined as the legal rights which resulted from intellectual activity in the industrial, scientific, literary and artistic fields.…

Introduction With plummeting resources, soaring temperatures and an economy in need of a major overhaul, sustainable development is widely considered to be the need of the hour. The United Nations World Commission on Environment and Development (1987) defined it as “the development that meets the needs of the present without compromising the ability of the future generations to meet their own needs” (Brundtland Commission, 1987). In this report, the focus will be on the concept of environmental…

Evidence can be presented and witnesses will testify in order to show that there is sufficient proof to charge the defendant with the crime and allow the case to go to trial (Steps in the Federal Criminal Process, 2015). This evidence and witness testimony is only presented by the prosecution, “the defense has no opportunity to present evidence” (Schmalleger…

Adele's case is a criminal case Property and asset insurance provides protection against risks to property, such as fire, theft, burglary and some weather damage from flood and earthquake. Adele's case explains that crime occurred in the workplace. And it is to be covered by insurance. However, the company needs to find out who is the criminal. I think this case is we say "Employee Theft or Embezzlement." Employee theft is a crime which involves the unlawful taking of money or property from an…