accordance with the law. The U.S Supreme court has stated that this principle‚ in absence of any evidence of guilt in the part of the defendant‚ becomes the assumption of innocence. The judge is required to ensure that this principle is not considered as proof of innocence of the accused and that it does not need an obligatory conclusion in favor of the accused. It is the responsibility of
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EVIDENCE OUTLINE INTRODUCTION -Basics of Evidence 1 -Process of Proof & the Adversarial System 1 -Making and Meeting Objections 1 -Common Objections 2 RELEVANCE -Relevant Evidence 2 -Stipulations 2 -Components of Relevant Evidence 2 -Balancing Test 2 -Proposition 8 2 EVIDENCE EXCLUDED BY EXTRINSIC POLICIES CHARACTER EVIDENCE -Types of Character Evidence 3 -Character Trait at Issue 3 -Conduct in Conformity & Exceptions 3 -Relevant Non-Propensity Purpose 4
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CREDIBILITY OF WITNESSES - PROSECUTION The defense centered its arguments on mere inconsistencies between the sworn statements and testimonies of the witnesses. The arguments raised were speculative rather deliberated‚ superficial rather substantive and illogical rather rational. The prosecution witnesses have positively‚ clearly and convincingly identified the accused Romulo Takad as the culprit who took the tricycle‚ in view of the following reasons: First‚ Rule 113‚ Sec. 2 of the RULES
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Civil Procedure v. Criminal Procedure Nathan McNeil ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces‚ estate distribution‚ work men’s comp.‚ injury cases‚ or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government
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Doli Incapax - The Criminal Responsibility of Children A paper by Matthew Johnston‚ barrister Forbes Chambers‚ Sydney for the Children’s Magistrates’ Conference 1 February 2006 “ ‘No civilised society’‚ says Professor Colin Howard in his book entitled Criminal Law‚ 4th ed. (1982)‚ p343‚ ‘regards children as accountable for their actions to the same extent as adults’ ... The wisdom of protecting young children against the full rigour of the law is beyond argument. The difficulty lies in determining
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always bears the legal burden of proof. Consider the proposition (statement) that the rule itself‚ and the current state of the law means that the rule is not as clear-cut as Lord Sankey would make us believe. What is the current state of the law that affects the thinking of lord Sankey. Is it the case that an intrusion into the “golden rule” denies the accused his right to a fair trial and the presumption of innocence? This means if golden rule not used therefore‚ burdern proof n defendant
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Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence that will move toward meeting the burden of proof. (Ingram pg.47) Burden of persuasion:
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the Court is called upon by any person to take judicial notice of any fact it may refuse to do so unless and until such person produces any such book or document that satisfies the court and enables it to do so. Therefore S. 57 places the onus of proof upon the person
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Twelve Angry Men 1.How do you think you might have acted as a juror in this case ? How would you had interacted ? I think i would have started off with being calm but stressed i mean I would probably feel very burdened‚ because just by choosing one option you can change someones life. And as fas as interacting goes i would be casual but if something unexpected happens and i do have an outburst then it happens every one loses it at some point. 2.At the beginning of this movie the jurors
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match that Sasquatch really exists that its just one big myth. People need to stop being gullible and don’t believe everything someone says if they’re no proof behind it to back them up. Scientists cannot prove that Sasquatch is fake because the burden of proof is on the believers not the scientists. The believers need to be able to provide proof that there is such a creature and be able to back up the evidence not only with videos‚ footprints or sightings but come up with a way that actually wont
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