In re winship Notes - So even juveniles who would have...

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In re winship 397 U.S. 358 (1970) Justice Brennan Burden of Proof – Proof beyond a reasonable doubt is among the “essentials of due process and fair treatment.” Beyond reasonable doubt dated way back to the founding times of nation. Now part of common law. Main reason? Reduce risk of factual error. Puts the burden to prove gulityness. Gives the society that secure feeling that the government can’t adjudge him guilty of a criminal offense without convincing a proper fact finder of his guilt with utmost certainty.
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Unformatted text preview: So even juveniles who would have constitute a crime if tried as an adult, would have the burden of proof beyond a reasonable doubt attached with him. Harlan Comparatively, burden of proof is comparative social costs of erroneous factual determination. 2 reasons. 1) Fact finder can acquire belief of what happened, not what actually happened. 2) There is a natural consequence. People do make mistakes. Letting a guilty man go is far worst then convicting an innocent man....
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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