Describe some of the more common rebuttable presumptions.
What will be an ideal response?
Presumption of Innocence. Perhaps there is no better known rebuttable presumption than that "a person is presumed innocent until proved guilty" or, as it is sometimes stated, "a person is presumed innocent of a crime or a wrong."
Presumption of Sanity. There is a general presumption that all persons are sane. This presumption of sanity stems from the fact that sanity is the normal human condition. It permits the prosecution to proceed with a criminal trial without having to first prove the defendant to have been sane at the time that the crime was committed.
Children Under a Certain Age Are Not Capable of Committing a Crime. Under this common law, it was "conclusively presumed" that a child under the age of seven was not capable of committing a crime-a presumption of incapacity.
Not all states in the United States recognize this presumption as conclusive; some term it a rebuttable presumption.
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Which case established the minimization requirement for electronic surveillance?
a. U.S. v. Scott b. Olmstead v. U.S. c. Katz v. U.S. d. Reno v. ACLU
Armed military bands, typically located in rural areas, that attack officials to destabilize the existing government are known as _____.
A. profiteers B. insurrectionairies C. mutineers D. guerillas
Sudden heat of passion, adequate provocation, and causation are the three requirements for what offense?
a. Voluntary manslaughter b. Involuntary manslaughter c. Second-degree murder d. None of the above
If a defendant intended to act, but did not intend the consequence, then general intent is present
Indicate whether the statement is true or false