Burden of Proof and Presumption of Innocence Self-Quiz
It is well
settled that in order to convict, a defendant’s guilt must be proved
beyond a reasonable doubt. The Constitutional basis for this rule of law
is:
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Robbery in
the state of Akanassee is defined as “taking the personal property
of another, from their person or presence, by force or intimidation, with
the intent to permanently deprive them thereof.” David is caught
on tape knocking over the fragile Ms. Ross and yanking her necklace from
her neck. When he is caught several months later, the necklace is found
in his apartment in an express mail envelope which is stamped and addressed
to Ms. Ross. Can he be convicted of robbery?
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Still in Arkanassee,
Jodie is caught on tape taking $10 from Andrea at knifepoint. When arrested
Jodie swears it was just a prank. While Jodie is in jail, Andrea receives
a letter mailed from Jodie home which contains the $10 bill. Can Jodie
be convicted of robbery?
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In the state
of Calizona the legislature approved the following Rule of Procedure:
“All judges shall inform their juries of the Defendant’s presumption
of innocence in criminal cases and that the prosecution bears the burden
of demonstrating that the defendant has satisfied every element of the
crime in question beyond a reasonable doubt.” If a judge reads this
verbatim to a jury and says nothing more, has the jury been properly instructed
regarding these matters?
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