Posted by Melisa on Friday, September 10, 2010 at 11:34am.
proof beyond a reasonable doubt in a criminal case to convict is required by:
A) The 6th Amendment
B) The 5th Amendment
C) The equal protection clauses.
D) The due process clauses.
If you ask me the answer is in the question..Proof beyond a reasonable doubt.
But if I had to choose I would say D?
- Criminal Procedure - Ms. Sue, Friday, September 10, 2010 at 11:40am
The question is asking what part of the Constitution requires "proof beyond a reasonable doubt."
I see two answers -- both B and D.
"Reasonable doubt is also a constitutionally mandated burden of proof in criminal proceedings. The U.S. Supreme Court has ruled that the due process clause of the Fifth Amendment and Fourteenth Amendments to the federal constitution prohibit criminal defendants from being convicted on any quantum of evidence less than proof beyond a reasonable doubt."
- Criminal Procedure - Melisa, Friday, September 10, 2010 at 11:55am
I would have to say your right it could be either of those and I did a little more looking into it and I am going to go with B my gut is now telling me its that. I will let you know what the answer is in a little while.
- Criminal Procedure - Ms. Sue, Friday, September 10, 2010 at 12:02pm
I agree -- B is the best answer.
- Criminal Procedure - Melisa, Friday, September 10, 2010 at 12:33pm
Nope I was right the first time the answer was D, the due process clauses. I am learning its always best to go with your first instinct, because I always over analyze what is right in front of me.
Thank you for your help!
- Criminal Procedure - Ms. Sue, Friday, September 10, 2010 at 12:41pm
OK. I see where I went wrong -- although I still think B is a legitimate answer. The due process clauses (plural) are found in both the 5th and 14th amendments.
It looks as though you need to study each question thoroughly, as this one is ambiguous.
Thanks for clarifying this answer for me.
- Criminal Procedure - Melisa, Friday, September 10, 2010 at 12:57pm
Its ok, When I keep looking at the question, and trying to find it in my book, its not always how the question is asked, or it puts several possible answers in it and only one of them is the one they want. as in this case, it should have had a choice of both b and d, but that's aright I did pretty well on it. Got a 90 on it.
- Criminal Procedure - Ms. Sue, Friday, September 10, 2010 at 1:02pm
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