?Describe the presumption of innocence and how it affects a criminal trial. What purpose does it serve in the criminal law system?
What will be an ideal response?
In criminal trials, the defendant is innocent until proven guilty. The prosecutor bears the burden of proving the defendant guilty as charged. Defendants do not have to prove that they did not commit the offenses. In fact, they are not required to present any evidence whatsoever to counter the state's accusations (although clearly it might be in their best interests to put on a defense). Even a defendant who actually committed the crime is innocent in the eyes of the law unless the prosecutor can present sufficient evidence to convince the jury or judge of the defendant's guilt.
Not only does the state bear the burden of proving the defendant guilty but it also is held to a very high standard of proof. In criminal cases, the prosecution must prove its case "beyond a reasonable doubt." It is not enough for the jury (or judge) to think that the defendant is probably guilty; the members of the jury must be firmly convinced of the defendant's guilt. The jurors receive instructions such as, "If you think there is a real possibility that he is not guilty, you must give him the benefit of the doubt and find him not guilty." The presumption of innocence and the high burden of proof are designed to protect the individual from the state.
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Which of the following should you do to help protect client confidentiality?
a. Keep all identifiable information about clients off the cover of files b. Never leave a file unattended for even a short time in a publicly accessible location such as a library table or courtroom c. Do not allow outsiders access to firm computer systems or networks d. Use only secure networks or encrypted communications systems for transmission of confidential information e. All of these choices are correct
5) Susan carries a loaded gun because she has been stalked by a stranger for months. She arrives at another woman's house to discuss their mutual relationship with Stan, a former football player. While talking, Stan arrives. An argument among the three ensues, and Stan follows Susan to her car, shouting at her as she retreats. Stan then heads for his car, where Susan knows he keeps a gun. Susan
takes her handgun out of her purse and fires what she calls a warning shot into the air as she drives off. The bullet hits him in the buttocks. Stan dies three days later when the surgeons at a hospital miss the fact that the bullet severed an artery. Susan is arrested and charged with murder. Discuss any defenses she may have available. What will be an ideal response?
A law is considered mandatory or ________ if it is the controlling law within that jurisdiction
Fill in the blank(s) with correct word
A motion to dismiss could cite lack of jurisdiction as the reason for a dismissal
Indicate whether the statement is true or false