Beyond a Reasonable Doubt
Beyond Reasonable Doubt: An Abductive Dilemma in Criminal Law
... In the common law tradition, a theory of the case is an inference to the hypothesis that best explains the evidence. The prosecutor’s theory of the case is that what best explains the evidence is that the accused is ...
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Reasonable Doubt and Moral Elements
... the beyond a reasonable doubt ...to doubt their own moral convictions but that, furthermore, they are not allowed to act on their belief that an act is “cruel” if another person may reasonably ...
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Denying Defendants the Benefit of a Reasonable Doubt: Federal Rule of Evidence 609 and Past Sex Crime Convictions
... individual charged with a non-sexual offense wants to testify at trial but knows that he may have his credibility impeached by evidence of a prior sex crime conviction, he has one of three choices: he may accept a plea ...
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Fifth Amendment Upholding the Constitutional Merit of Misleading Reasonable Doubt Jury Instructions
... 'moral certainty,' standing alone, might not be recognized by modern ' 26 jurors as a synonym for 'proof beyond a reasonable doubt." Although Sandoval based his objection on dictionary d[r] ...
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Does No Mean "No" Mean Reasonable Doubt? Assessing the Impact of Ewanchuk on Determinations of Consent
... a Section/1 45 VOLUME 25, NUMBERS 1,2 167 Ewanchuk a eu un impact évident dans les cas d’agressions sexuelles quand la plaignante a pu communiquer son refus au consentement L’auteure montre que dans l[.] ...
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Guilt, Reasonable Doubt and the Reasonable Woman
... In this brief essay, rather than further develop these thoughts, I will merely note that there is a tension regarding theories of juror perspective when evaluating [r] ...
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A MODEST PROPOSAL: REQUIRING PROOF BEYOND A REASONABLE DOUBT FOR UNADJUDICATED ACTS OFFERED TO PROVE FUTURE DANGEROUSNESS
... The Supreme Court has recognized two principles, individualized sentencing and heightened reliability, as constitutionally necessary for any capital sentencing scheme.The Vi[r] ...
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Contextualist Answers to Skepticism, and What a Lawyer Cannot Know
... The standard attached to the criminal defense lawyer’s role is more exacting still. The lawyer is frequently exposed to evidence which she, as a juror, would be bound to deem proves guilt beyond a ...
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Integration of remote sensing and geographic information systems for geological fault detection on the island of Crete, Greece
... Beyond a reasonable doubt, the integration of remote sensing and geographic information systems in the case of fault de- tection in the designated study area gave satisfactory results.. [r] ...
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Virginia Capital Case Clearinghouse Verdict Forms, Second Edition
... having found unanimously and beyond a reasonable doubt after consideration of his prior history that his conduct in committing the offense is outrageously or wantonly vile, horrible[r] ...
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Should Florida Follow the Federal Insanity Defense?
... exclusion of psychiatric testimony that had been offerred both to establish a reasonable doubt of sanity, and to deny premeditation in a first-degree murder case. T[r] ...
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Evidence: Standard of Proof in Voluntariness Hearings: Lego v Twomey, 404 U S 477 (1972)
... Petitioner argued that the Winship requirement of proof of guilt beyond a reasonable doubt could not be satisfied unless his confession were proven voluntary byr the same standard31 This[r] ...
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Rationality and Accuracy in the Criminal Process: A Discordant Note on the Harmonizing of the Justices' Views on Burdens of Persuasion in Criminal Cases
... Professor Saltzburg criticizes the view that the prosecution should be required to prove beyond reasonable doubt those facts necessary to justify the sentence permitted or imposed upon c[r] ...
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Studies on the Pituitary
... The separate identity of the pressor and oxytocic components first indicated by Dale and Dudley 1921 has now been established beyond reasonable doubt by the work of Schlapp 1925 and of D[r] ...
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A Securities Lawyer's Dilemma: The SEC's Policy of Disclosure v. the Attorney-Client Privilege
... The ABA's position is that the securities lawyer has neither the obligation nor the right to make disclosure when any reasonable doubt exists concerning the client[r] ...
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Presumption of Innocence
... The Court of Appeals sustained the following definition of a reasonable doubt by the trial judge: "A reasonable doubt, gentlemen, is not a mere whim, guess or surmise; nor is it a mere s[r] ...
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Constitutionally protecting the presumption of innocence
... In In Re Winship, a majority of the Supreme Court dismissed an argument that criminal due process rights should not apply there because the proceedings, against a juvenile, were said to be protective and remedial rather ...
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The National District Attorneys' Association
... danger of such testimony is two-fold: 1 the court will instruct the jury that character evidence, in and of itself, may raise a reasonable doubt and this can hurt the prosecution's case [r] ...
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Juvenile Justice - Unlawful Extrajudicial Confession Excluded Under Miranda - Testimonial In-Court Confession "Impelled" by the Admission of the Invalid Confession Into Evidence. In re Teters. (Cal. 1958)
... proceeding is technically civil and not criminal in nature.' For example, "[T]he application of the preponderance of evidence rule rather than the reasonable doubt[r] ...
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Chapter 12: Criminal Law and Procedure
... On appeal the Supreme Judicial Court affirmed the holding of the trial court, reasoning that the prosecution sustained its burden of proving sanity beyond a reasonable doubt [r] ...
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