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Creators Syndicate on MSN16dOpinion
The Obsolescence of Proof Beyond a Reasonable Doubt
Former Supreme Court Justice Anthony M. Kennedy acknowledged in 2012 — when writing an opinion to establish the right to competent counsel for defendants negotiating a plea — that plea bargaining "is ...
In a criminal trial the burden of proof must be “beyond a reasonable doubt,” which is much higher than the burden of proof in a civil trial. The defense attorney described it as a football field: ...
Burden of Proof does not end with truth or proof or notions of justice served. What it does end with, however, is the possibility of resolution without closure.
Compensation in lieu is “not related at all to the economic loss suffered” (see Nega 2023-UNAT-1393,para.62) and there is no duty to mitigate loss as a precondition for receiving in lieu ...
The Ohio legislature passed a law that shifted the burden of proof to the prosecution when self-defense is claimed by a criminal defendant. It went into effect March 28, 2019.