law discussion think tank

Module 4 Discussion

1.     Voluntary acts are normally necessary for criminal liability. Can and should one be held responsible for involuntary acts? Please discuss under what conditions people should be criminally liable for having omitted to act. Provide some examples.

2.     Defendants in a criminal case are presumed innocent until proven guilty. Even if that defendant were caught in the act, guilt must be proven by the prosecutors beyond a reasonable doubt. Discuss whether you think innocent until proven guilty is the best constitutional presumption, or whether the presumption should change to guilty until proven innocent.

 

3.     Please describe the difference between a mala in se crime and a mala prohibida crime. Discuss the different elements of proof (e.g. criminal intent) between the two types of crimes.

 
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