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NL400 Final Exam # 1 Test Questions With Complete
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NL400 Final Exam # 1 Test Questions With Complete ...
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NL400 Final Exam # 1 Test Questions With Complete What are the five burdens of proof? - Answer 1. BEYOND Reasonable Doubt 2. Clear & Convincing Evidence 3. Preponderance 4. Probable Cause 5. Reasonable Suspicion Beyond Reasonable Doubt - Answer Court Martial, Criminal Cases The standard that must be met by the prosecution's evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime Clear and Convincing Evidence - Answer Line of Duty Investigations (LOD) & Article 6b Victim's Rights - assumption in line of duty, not due to own misconduct; need to overcome with clear & convincing evidence - victim has right to be @ hearing of accused unless clear and convincing evidence from judge that hearing the other proceedings at a hearing or testimony will alter their own testimony The standard of proof required in some civil cases and, in federal courts, the standard of proof necessary for a defendant to make a successful claim of insanity. Article 6b - Answer Victim's Rights * Right to be protected from accused * Be notified on the status of the accused ** The right NOT to be excluded from any public hearing or proceeding UNLESS the judge has clear & convincing evidence determines that testimony by a victim of an offense would be materially altered if victim heard other proceeding at the hearing or testimony. Example of clear & convincing evidence in civilian world - Answer Match signature of accused with expert, verify it was them with clear & convincing evidence Preponderance - Answer - NJP, ADSEP, Command Investigation, Civil Trials More likely than NOT (>= 51% rule) Probable Cause - Answer Search Warrants (4th) & CASS (Command Authorization for Search & Seizure) & PASS (CASS w/ consent / permission) Reasonable Suspicion - Answer Pull someone over / traffic stop ** low standard of proof used to determine if brief stop/search by police officer / government official is warranted OR NOT. -> Must be brief; thoroughness must be proportional to standard of proof (LOW) Example with reasonable suspicion - Answer Man gets pulled over in merge on highway for NOT using blinker; search car and find guns and drugs in the back of the car; is able to get the conviction overturned because the police did NOT HAVE reasonable suspicion to pull him over; don't need to use a blinker when lanes merge; just complete the merge! Ohio vs. Barnett Man in lane, approach intersection; "slight right" aka straight, no turn signal, cop pulls him over, finds drugs. Is able to suppress evidenceThe benefits of buying summaries with Stuvia:
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