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357: Listen and Learn -- Prosecution of a Criminal Trial (Burdens, Presumptions, Sufficiency)

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

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Evidence of Murder in the First Degree

Murder is the unlawful killing of another human being with malice aforethought. It requires actus raus, in this case, dug's act of shooting dominic. Malice can be satisfied under one of four theories: intent to kill; intent to commit great bodily injury; wanton and wilful disregard of human life or a depraved heart killing. The prosecution likely has sufficient evidence to carry their burden of proof. But for the court to grant it, they need to find no reasonable jury would convict based on the evidence presented.

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