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1. What is the most accurate statement regarding the burden of proof in a criminal case? A. The defense has the burden to prove the
1. What is the most accurate statement regarding the burden of proof in a criminal case? A. The defense has the burden to prove the case beyond a reasonable doubt. B. The prosecution has the burden to prove the case beyond a reasonable doubt. C. The defense has the burden to prove the case by clear and convincing evidence. D. The prosecution has the burden to prove the case by clear and convincing evidence. 2. A jury hears evidence in a murder case where the defendant alleges self defense. When the judge instructs the jury about the law, she explains the rule of proportionality in self defense cases as follows: "In order to conclude that the defendant acted in self defense, you must conclude that the defendant used only the amount of force that was necessary to defend themselves, and that the amount of force the defendant used was proportional to the amount of force used by the victim." Assume that the jurors believed that the defendant's use of force was disproportionate to the amount of force used by the victim, but they find the defendant not guilty because they do not believe he should be convicted of murder under the circumstances. What concept does the jury's decision best demonstrate? A. The process of jury selection B. The rule of lenity C. Applying the standard of proof beyond a reasonable doubt D. Jury nullification 3. David was embroiled in a conflict with his coworker Vicky. He decided that the only way to end the conflict was to kill Vicky. He went to her home, hid outside in some bushes, and waited for Vicky to start doing dishes right by her kitchen window. At 10pm, Vicky appeared by the kitchen window (as she stood at her sink doing dishes). David fired a gun through Vicky's kitchen window, shattering the window's class and shooting Vicky in the head. Vicky died immediately. David is charged with first degree murder and with burglary. On appeal, his attorney argues that the burglary conviction should be reversed. Assume that the common law rule for burglary applies. Should the appellate court uphold the burglary conviction? Please select the best answer choice below regarding whether the burglary conviction should stand, and the reason for your selection: A. Yes, David should be convicted of burglary because all of the elements of burglary are satisfied. B. No, David should not be convicted of burglary because the entry element cannot be satisfied since he remained outside the home during the entire commission of the crime. C. No. David should not be convicted of burglary because he intended to shoot Vicky but did not intend to commit larceny inside. D. Yes, David should be convicted of burglary because he is a risk to public safety, and protecting the community is more important than requiring that the prosecution prove the elements of the crime beyond a reasonable doubt. 4. Assume it is 2022 and you are a judge who is presiding over a case where the parties are arguing about whether a statute that prohibits *knowingly giving false information to a police officer" requires that the defendant merely "knowingly give false information," or that the defendant also know that the person they give false information to is a police officer. The statute in question was modified by the state legislature in 2018. Which of the following sources would be most useful for the judge to rely on in reaching their conclusion? A. A dictionary definition of the word "knowledge." B. A transcript of the 2018 legislative session that revised the statute, indicating that a previous version of the statute included the following language: "knowingly give false information to a police officer with the knowledge that they were giving information to a police officer," but that the legislators agreed to delete the following language: 'with the knowledge that they were giving information to a police officer." C. The concept of willful blindness as an alternative way to prove the mens rea of knowledge. D. A 2017 court opinion from this jurisdiction interpreting the meaning of knowledge inthis statute
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