What is meant by the term "burden of proof"?
What will be an ideal response?
The burden of proof is the responsibility to present evidence in a case that persuades the fact-finder of the truth of the claims the evidence is offered to support. In a criminal trial, the prosecution has the burden of going forward with the evidence initially and proving the defendant guilty beyond a reasonable doubt. This is a necessity arising from the fact that a person is "presumed innocent" until proven guilty, a presumption that is the bedrock of our criminal justice system.
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Justice Rehnquist has stated that the rule of stare decisis (i.e., precedent) is not important where earlier cases were decided by close votes
Indicate whether this statement is true or false.
James Jones has recently been found not guilty of first degree murder of Lisa Smith. The victim's family has decided to have the case tried as a wrongful death case in a different court. James Jones believes that he is free from additional court activity due to rights guaranteed by the constitution. Several weeks later, Mr. Jones is given notice of his new upcoming court date. James was assigned an attorney for the duration of his first trial because he was indigent. This particular guarantee is provided by the ________ Amendment. a. First b. Fourth c. Fifth d. Sixth e. Eighth
What will be an ideal response?
Until 1985, the police could legitimately shoot a fleeing felon
Indicate whether the statement is true or false
How many states now require that a police officer make an arrest in domestic violence incidents if there is a protective or restraining order against the attacker?
A) 5 B) 20 C) 35 D) All states