Reasonable doubt

Harrower tackles the crime of threatening or abusive behaviour in s. 38 of the Criminal Justice and Licensing (Scotland) Act 2010. Within this section it is stated that a person has committed the crime if their behaviour “would be likely to cause a reasonable person to suffer fear or alarm” , as well as the accused “intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm” . This definition was clarified in Smith v Donnelly , where it…

The breaking in of the locked door and entering with the intention of committing burglary was illegal. Issue 2: Because due process places the burden of proof on the state, they must prove beyond any reasonable doubt every aspect of the criminal charges brought against the defendant. RCW 9A.52.040 may contain a valid use for the inference it still may shift this burden of proof to the defendant. This is the case when the jury was specifically instructed.…

debate the merits of the presented case. Typically, people present the facts behind their reasoning in short, simple sentences; likewise, people persuade their audience by utilizing compound sentences. Juror 8 is the only juror to have original reasonable doubt, so he faces a difficult…

Nelson v. Colorado, the judgment revolves around the constitutionality of the Colorado Exoneration Act. This act stated that monetary fines paid due to conviction charges can only be returned to the exonerated individual if they can prove beyond a reasonable doubt that they are innocent of the accused crime. The constitutionality of this law was debated and in question in regards to the Due Process Clause of the Fourteenth Amendment of the Constitution. I concur in the recent Supreme Court…

The reasonable expectation of privacy is an element of privacy law that determines in which places and in which activities a person has a legal right to privacy. Sometimes referred to as the "right to be left alone," a person's reasonable expectation of privacy means that someone who unreasonably and seriously compromises another's interest in keeping her affairs from being known can be held responsible for that exposure or intrusion. Essentially, the fourth amendment forbids unwarranted…

based on just mind and intellect. Stoics believe logo as an intangible object, entity of the universe. Descartes perceives this different than the stoics. Descartes states if god the supreme perfect being made all into a version of him, why is there doubt and why am I being deceived? Which he the states it’s another that is deceiving us with, he then clarifies…

Review Questions 1. What is the purpose of the United States Constitution? The purpose of the United States Constitution is to secure citizen’s freedom and rights. 2. Why is the reasonable doubt standard used in criminal cases? The reasonable doubt standard is used in criminal cases because there are serious consequences of being convicted of a criminal offense. These serious consequences include loss of one’s life or liberty. 3. Under what circumstances would a civil case be heard in federal…

together poorly in comparison to the defense. The prosecution lied to the jury and the judge about the evidence which is against the constitution and has a death penalty in one's civil liability for criminal acts. The prosecution was not beyond a reasonable doubt in this case because of the faultiness with the DNA samples, Fuhrman being exposed of being a racist, and the time it took for each piece of evidence to be presented from the time of the crime. The jury mostly voided the fact that…

“differences between probable cause and reasonable suspicion and what each of these levels of evidence allow a police officer to do” (Aberle 2014). Aberle 's accretions will be presented and contrasted with my own. First off I 'm going to start with reasonable suspicion for this is most of the time the first step to probable cause. What is reasonable suspicion in Robert Aberle 's text this is how he describes reasonable suspicion "Reasonable suspicion can be defined as the level of…

re: Duty of care This will analyse whether the South Australian Country Fire Service (‘CFS’) owes a duty of care to owners of Tesla drivers who are vulnerable during a nearby bush fire. I. REASONABLE FORESEEABILITY Is it reasonably foreseeable to a reasonable South Australian fire service, that is aware of recently developed American technology that extends the travelling range of Tesla vehicles and is capable of contacting Tesla in order to trigger that technology, that failing to notify…