Beyond 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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Corporate manslaughter: new horizon or false dawn? Update: The Prosecution of Lion Steel
... If behaviour is to be the subject of control by criminal law, it is essential that the law in question is, at the very least, precise. The Courts must apply the definition of the crime according to the intention of the ...
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Does Monetary Policy Affect Stock Market Return? Recent Evidence from the Nigerian Stock Exchange (1986-2018)
... convinced beyond reasonable doubt based on the data we employed that stock market return in Nigeria is not significantly affected by adjustments in monetary policy instrument of the Central Bank of ...
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Football banning orders: analysing their use in court
... The rush to achieve pre-established minimum numbers of FBOs in the build-up to high-risk football tourna- ments such as the 2006 World Cup means that the strict regime for imposing FBOs established in Gough is not being ...
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Constitutionally protecting the presumption of innocence
... good position to lead evidence of what actually happened, since they may have been there. This argument about convenience and ease of proof was not thought to outweigh the dangers of a presumption of guilt when ...
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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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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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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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Marx After Marx After Sraffa
... Ian Steedman’s ‘Marx after Sraffa’ rendered a service which in a certain sense has yet to be recognised: it established, in my view, beyond reasonable logical doubt, that on the basis of[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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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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Compulsory HIV testing of alleged sexual offenders – a human rights violation
... Chapter 5 of the Sexual Offences Amendment Act strives to achieve two objectives. It makes post-exposure prophylaxis (PEP) accessible to victims of sexual assault, whether a charge is laid or not. In addition, it allows ...
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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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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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Contextualist Answers to Skepticism, and What a Lawyer Cannot Know
... proof beyond a reasonable doubt of the facts constituting ...proof beyond a reason- able ...proof beyond a reasonable doubt, but she (unlike the zealous advocate) sifts ...
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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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Some alternative policy approaches to agricultural development : the Pakistan case
... The small farmers, if enabled to use modernised agricultural technology will no doubt, record a rapid rise in productivity and obtain a reasonable minimum income and a fair share in the [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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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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Andrzej Nałęcz, ‘A More Human Approach’. Human Rights, Obligations of the State and Network Neutrality in Europe
... However, that does not rule out the conclusion that the positive obligations of the state arising under the Convention may lead, and in some cases even need to lead, to the state imposing obligations on an individual, or ...
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