Which statement is correct regarding the proof beyond a reasonable standard?
A. Proof beyond a reasonable doubt is guaranteed by the Due Process Clause
B. The reasonable doubt provision is included in the Sixth Amendment
C. The presumption of innocence was not incorporated because it has always been guaranteed by
statute
D. The use of the term moral certainty in a judge's instruction to the jury about reasonable
doubt creates a due process violation
The requirement that the state provide counsel for indigent defendants in misdemeanor trials applies in all cases where the misdemeanor statute provides for imprisonment.
Indicate whether the statement is true or false
One problem with the punishment of fines is that some jurisdictions the fine to be assessed is affixed by law and not by the offender's ______________.
a. potential to be deterred
b. mental state
c. attitude
d. financial position
In Gideon v. Wainwright (1963 ) Justice Hugo Black implied that the fundamental right to counsel had already been guaranteed in Powell v. Alabama (1932 ), the Scottsboro case.
Indicate whether the statement is true or false
In Melendez-Diaz v. Massachusetts (2009 ), the Supreme Court ruled that a scientific report prepared for the prosecution
A. Must be given to the defendant under the Due Process Clause
B. Is admissible only if a testable sample of the material on which the report is based is made
available to the defendant
C. Is admissible under the science report hearsay exception
D. Is subject to cross-examination at trial
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