4. Karin made illegal firearm purchases at a gun show. At her trial, she alleged

Question

4. Karin made illegal firearm purchases at a gun show. At her trial, she alleged that she had committed this crime because her boyfriend had threatened to harm her and her two daughters if she did not. Her lawyer asked the judge to instruct the jury that the prosecution had an obligation to prove beyond a reasonable doubt that Karin had acted freely. Instead, the judge told the jury that Karin had the burden of proving duress by a preponderance of the evidence. Who is correct? 5. An informant bought drugs from Dorian. The police obtained a search warrant to search Dorian's house. But before they acted on the warrant, they sent the informant back to try again. This time, Dorian said he did not have any drugs. The police then acted on the warrant and searched his house. Did the police have probable cause?

Explanation / Answer

Ans 1. Karin’s Case: The lawyer is correct as in a criminal case the evidence that is beyond a reasonable doubt is the evidence to validate criminal conviction as per the adversarial legal system. Mostly the burden of proof is borne by the prosecutor. “Beyond reasonable doubt” is the critical standard that the prosecution evidence must meet in a criminal prosecution, it means that there is no other explanation derived from the facts except that the crime was committed by the defendant”. This will overrule the presumption that the person is innocent until proven guilty.

Ans 2. Dorian Drug case: Yes, the police had a probable cause to issue a search warrant and search his house. The informant’s information is sufficient to warrant a person’s belief that the contraband or evidence of a crime will be found in the search. Here the informant a reasonable person and he believe that Dorian possesses Drugs in his house. “A probable cause is defined as reasonable grounds to believe a person has committed the crime or act.”

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