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Unformatted text preview: Lecture 15 14:29 Exam 1: Strict Liability: Prosecutor doesn’t have to prove mens rea Elements of the crime are actus reus, causation, harm Ex: statutory rape, speeding (prosecutor decides if they want to prosecute or what they want to do) Principle of Legality: If the principle of legality is there, then the prosecutor has to prosecute the case **Inevitable Discovery Nix v. Williams If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means then the deterrence rationale has no little basis that the evidence should be received. (more likely than not the information would have been found) Score Keeping Mentality? Motivation for keeping score? Career advancement Winning at all costs Misconduct Consequences: very little and very few consequences come with being a prosecutor,...
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- Spring '12
- criminal law, prosecutor, prosecutor dismisses charges, prosecutor decides, evidence Nolle Prosequi, Discretion Prosecutorial Misconduct