I learned this Monday from my criminal law professor. He said 100% certainty is needed in a criminal trial. 98% certainty will not do in a criminal case. If you disagree, take it up with Prof. Sekhon. Not me.
This is why prosecutors pile on charges to the defendant and try to force a plea...
No, you're right. In any criminal case (not just death penalty) the proof has to be 100%. That is, there cannot be a single doubt in anyone's mind that he did it. Think the OJ Simpson case. He got away with murder in the criminal trial, but was found guilty in the civil trial. A civil trial...
I didn't learn criminal procedure or evidence yet, though I am going through criminal law right now. But, sorry, I really can't say what the rules of evidence are, yet. But after reading through their motion and briefly looking at their bios, they are experienced lawyers with over a decade of...
These motions to dismiss are going nowhere. They had every right to search the apartment even though the warrant was just for the vehicle. The girl was missing at the time and they did not know if she was alive or dead. For all they knew, she was locked up in that apartment.
The motion to...
They're gonna fail at getting this out of Federal Jurisdiction. I'm just a law student, but I can tell you, Federal Jurisdiction is pretty much the only jurisdiction when it comes to a case between an American and a foreigner. Even if it's a case between two people from different states, it has...
Thanks for checking in. I was wondering about what happened with your dad and the landfill. Can he not say because he is not allowed to? Or is it that he just doesn't know?
This is them quoting the statute to justify getting the death penalty for Christensen. It's the exact words from the statute. It does, however, say that they know of the manner she died. They probably wouldn't be saying this if she accidentally tripped and fell and died in the house while...
It's a quote of the statute 18 U.S.C.A. § 3591 Sentence of Death. The prosecutors are going for the death penalty and are going point by point to show that Christensen deserves death.
(Glad that all this law school stuff is starting to come in handy!)
I think you are absolutely right that her voluntarily getting into the vehicle will be a big factor in court. It's probably the whole reason he is saying he is innocent. But, too, if she's dead, I'm not sure how much that will matter, especially if they got a recording of him saying he killed...
I felt more like he was telling that as a sort of guilt trip as to what he should have done. He knew he still had a chance to let it all go if he would have dropped her off when she started panicking, ("Ooops. Missed your stop. Alright, I'll let you out.") But, instead he went through with...
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