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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What Do You Think About Dug's Self Defence?
The prosecution decides to bring a first degree murder charge against dug. Who bears the burden to prove such a charge? And what affirmative defences might dug raise? And who would bear the burden to proving such a defence? And what do you think? What burdens of proof do you see at play here? Let's start with an easy one. The government or the prosecution does. Dug was clearly afraid of dominic, given his history of threats and brandishing a weapon. So who has to prove the self defense claim? Well, dug does. But how do we know whether the prosecution has met its burden? This is where sufficiency of the evidence comes into play. Judge and jury both have
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