Differentiate a presumption from an inference

What will be an ideal response?


Inferences are reasonable conclusions or deductions that fact finders (juries or judges) may draw from the evidence presented to them. Fact finders should use common sense and their knowledge of everyday life in their reasoning process.
Whereas a presumption is an assumption that the law expressly directs that the trier of fact must make, an inference is a conclusion that a jury or judge may make based on the evidence presented. Many crimes require proof of facts that are not susceptible to direct evidence, but must be inferred by the jury. For example, first degree murder requires proof of a specific intent to kill. It is not common for witnesses to testify directly about the defendant's stated intent. Juries may infer that a defendant intended "the ordinary consequences of his or her voluntary act," but they cannot be told by a judge in a jury instruction that they have to presume this

Criminal Justice

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Which statement is NOT trueof I3 theory?

A) It organizes aggression risk factors into three categories. B) It emphasizes the concept of self-regulation. C) It is an expansion of the hostile attribution model. D) It provides a structure for understanding the process by which a factor promotes aggression. E) It specifies different ways in which aggression risk factors produce violence.

Criminal Justice

The ______ act aims to protect young children from sexual offenders by increasing the severity of punishment; a mandatory sentence of 25 years in prison and lifetime electronic monitoring for adult offenders who have been convicted of lewd, unchaste, or licentious acts against a victim younger than 12 years old.

a. Megan Kanka b. Jessica Lumford c. Jacob Wetterling d. Michael Hostteder

Criminal Justice

By the 1970s, research began to show three of the following findings. Which does NOT belong?

A. Unattended disorderly behavior in neighborhoods is a signal to more serious criminals that residents do not care what goes on in their community and that the criminals can move in and operate with impunity. B. Having more police officers using methods made popular under the professional or reform model does not significantly reduce crime. C. Neighborhood-based policing projects had high success rates because of low costs, administrative efficiency, and high citizen interest. D. A rapid response to crime does not necessarily lead to more arrests.

Criminal Justice

One feature of the Miranda rules is that defendants have a right to have an attorney

a. True b. False Indicate whether the statement is true or false

Criminal Justice