Reasonable doubt

experience, he now has the ability to be the manipulator rather than be manipulated. The irony of Miranda’s exclamation “O brave new world!” (The Tempest, p.78) further illustrates Shakespeare’s belief that experience is the only way to deal with doubt, which Miranda lacks due to her estrangement from the outside world. Miranda’s lack of…

Sarah Lyubov published the article with knowledge of the falsity of her statements or with reckless disregard of the facts can be proven either by if she showed purposeful ignorance regarding the falsity of the facts or if she entertained serious doubts if the facts were truthful through clear and concise evidence in both Ms. Lyubov’s statements regarding the publication and Ms. Lyubov’s actions, or lack thereof, in regards to the arrest reports. Also, the cause of action can be successfully…

It is well understood in today’s society that every person charged with a crime is entitled to the counsel of an attorney, regardless if the defendant can afford an attorney or not. Prior to the landmark decision of Gideon v Wainwright (1963), indigent defendants charged in state courts were not guaranteed the right to counsel. In 1942, the United States Supreme Court ruled that the appointment of counsel is not a “fundamental right,” and, therefore, is not essential to a fair trial in ¬Betts v.…

Custodial interrogation is a process that suspects go through when they have been detained in custody as the police have reasonable grounds to believe they are connected to an offence that has been committed. The aim of the police should be to retrieve the truth from the victim the main element of the truth being whether they committed the act and whether they intended to commit the act. This answer will discuss the process in hand and whether it allows the police to be able to obtain evidence…

highly adaptive and should be provided a meaningful life while in prison. Punishment is not the responsibility of prisons, changing behavior is. Prison can become safer when inmates are allowed to have some sort of meaningful purpose. There is no doubt that punishment is the concept of barbarians. The threat of confinement and confinement alone are punishment, anything else is comparable to the Romans sending lions after Christians in the arena. Humanity can only be improved by assisting…

justice remains to be complex. While the 12 men arrive at a conclusion that the decision will be not guilty, it is not based on the assumption that they have proved the boys innocence, but instead because the case of the defendant was not beyond a reasonable doubt. As a result, the play represents through this theme that absolute justice is a concept past the compass of any jury framework and that the possibility of an absolute truth where there is equity and justice is not achievable if humans…

may be murder or manslaughter”. The offence of murder is established under this section of homicide, therefore this case can be tried under the offence of murder. For the offence of murder to be enacted, three elements have to be proven beyond reasonable doubt, these include ‘another person’, ‘kills’, and ‘unlawfully’. The first element of a murder offence is ‘another person’. A person is defined as “a human being, whether an adult or child”. This is not controversial,…

In court the defendant starts out as innocent and stays innocent until the prosecutor presents enough evidence that overcomes his innocence without a reasonable doubt that they are guilty. So this means it’s up to the government to prove that he or she is guilty. The prosecutor has to look at the definitions of each crime committed and have proof for every element of each offense. In other words the prosecution…

the truth due to the fact that if the defendant is in fact guilty and does not want to go to jail they will plead “not guilty” and that the defense attorney’s goal is to acquit their client. The burden of proof in a criminal case is “beyond a reasonable doubt” and rests on the prosecution,…

defense team presented evidence of Furman using racist and derogatory names for people of color. One of the consequences of this evidence was that it presented the jury members with doubt. Because the evidence gathered by a racist, it could have easily been tampered with, or planted, to incriminate Simpson. This placed doubt in the minds of the jury members and highlighted a possible police…