Concurrence and Burden of Proof

Anonymous
timer Asked: Oct 18th, 2018
account_balance_wallet $5

Question Description

Introduction

Criminal liability is dependent on the concurrence of a criminal mental state with the commission of a criminal act; thus, the attempt to commit a criminal act may be sufficient. A substantial step made in furtherance of the commission of an offense must be taken, rather than the mere planning or preparation to commit a criminal offense. Therefore, it can be a fine line as to whether one incident may be the subject of criminal liability while the other is not. Concurrence requires that a criminal act occur at the same time the actor possessed the required criminal mental state. To convict a defendant of a given crime, prosecutors must prove to a judge or jury that all the statutory elements of a crime are present. The burden of proof is beyond a reasonable doubt. If even one statutory element of an offense cannot be established beyond a reasonable doubt, it is concluded that criminal liability will not have been demonstrated, and the defendant will be found not guilty.

For this discussion, you will consider the concept of burden of proof in the context of concurrence by responding to the following in your main post:

  • Explain the advantages and disadvantages of our adversarial system regarding the burden of proof falling on the government to prove the concurrence of the criminal act with a criminal mind.
  • Evaluate whether a fact-finder can look into the mind of an accused to determine the way that person acted at the time of committing the crime.
  • Analyze whether the elements of concurrence are met and whether a man can be prosecuted for his wife's death in the following situation: the man has been thinking about killing his wife and thoughtfully plans the details of how he is going to carry out the crime, and then his wife is killed in a car accident that he had nothing to do with.

Tutor Answer

Drlyn
School: New York University

Please use this document the one I uploaded earlier was had some mistake.

Running head: CONCURRENCE AND BURDEN OF PROOF

Concurrence and Burden Of Proof
Name
Institution

1

CONCURRENCE AND BURDEN OF PROOF

2

Explain the advantages and disadvantages of our adversarial system regarding the burden
of proof falling on the government to prove the concurrence of the criminal act with a
criminal mind.
To me, I don't see the detriments to the way that the legislature has the weight of verification
necessity. Inside the weight of verification prerequisite, we discover it interlaced with the
sensible uncertainty standard. These are altogether different, one being a commitment and the
other being a measure that must be met to acquire a conviction. Amid In re Winship, the US
Supreme Court held that "the sensible uncertainty standard assumes an indispensable job in the
American plan of the criminal method. The standard gives solid substance to the assumption of
honesty that bedrock 'proverbial and basic' guideline whose 'requir...

flag Report DMCA
Review

Anonymous
Goes above and beyond expectations !

Similar Questions
Related Tags

Brown University





1271 Tutors

California Institute of Technology




2131 Tutors

Carnegie Mellon University




982 Tutors

Columbia University





1256 Tutors

Dartmouth University





2113 Tutors

Emory University





2279 Tutors

Harvard University





599 Tutors

Massachusetts Institute of Technology



2319 Tutors

New York University





1645 Tutors

Notre Dam University





1911 Tutors

Oklahoma University





2122 Tutors

Pennsylvania State University





932 Tutors

Princeton University





1211 Tutors

Stanford University





983 Tutors

University of California





1282 Tutors

Oxford University





123 Tutors

Yale University





2325 Tutors