Undue burden standard

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…

in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the accused will achieve the aim or objective of the Act in consideration, the reversal of burden will take place. The purpose of the test is that to prevent the infringement of Art 6(2) and had it not…

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…

auditory. Having to construct the chart was challenging, the first task for me was to find a suitable programme to use to construct the diagram, and this proved easier said than done. Microsoft word offers a number of illustration options with its standard package and I opted to use smart chart, but it took me several hours to find one that, could chart the facts and evidence in the way that, I wanted to. I did not find one that, was on point and so I settled on one that, could best serve my…

are unable to tell right from wrong and ultimately lose their soul being permanently stuck in purgatory. In addition Coppola not only samples aspects from Conrad 's work but takes ideas from Rudyard Kiplings :The White Man 's Burden and Herny LaBoucheres The Brown Man 's Burden”and gives his movie an Imperialistic twist, with the ¨white men¨ being the americans and the ¨brown men¨ being the Vietnamese. In both Heart of Darkness and Apocalypse Now the ideologies of these poems are played out…