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Dose due process require proof beyond a reasonable doubt in all facets of crime including juvinielles?
used to be based in preponderance of evidence
Yes, all individuals are treated the same kids and adults alike proof beyond a resonable doubt is a fundemental value |
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Mullaney-said that hving the judge make him prove against malice was not right retrial
Winship-both adults and kids must prove all facets of the crime beyond a reasonable doubt
Patterson-they said was ok to prove heat of passion and extreme emotional disturbance b/c malice was takin out so the burden was on the "defendent" not the prosecuter any more |
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Are less then unanimous verdicts in certain cases valid under due process and equal protection clauses of the 14th?
ruled that a substantial majority of the jury was sufficent for proof beyond a resaonable doubt.
dissent: proof beyond a reasonable doubt and unanimit of criminal verdicts and the presumption of innnocence are basic features of our system. |
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dose due process clause require instruction to the jury on both the presumption of innocence & burrden of proof?
ruling- is presumption of innocence guarenteed?yes
did the judge notify the jury of all the laws? no
ruled unconsitutional |
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Definition
Was the conduct of the police officer in obtaining the evidence in violation of 5th amendment and the due process of the 14th?
Yes, the polce did violate his 5th because the conduct shocks the conscious of the judges |
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Term
| Michael M v. Superior court of sonoma city |
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Definition
is california penal code stating stautory rape only applies to males violates the equal protection of the 14th?
determined that it dosent need to be equal because a female can get pregnant and girl suffers... |
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equal protection: miltary act requires service of males not females when the president opens a draft?
just dudes is ok b/c girls cant be in combat area |
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