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A friend is required to do jury duty and knows you are study the criminal court process. He wants to understand the process better. He asks why there are so many requirements such as the right to a speedy trial, rules of evidence, and the right to a jury trial. Provide him with the reason we have so many protections.
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Read about
Patterson v. New York,
432 U.S. 197 (1977). In Patterson, the defendant was on trial for murder. New York law reduced murder to manslaughter if the defendant proved extreme emotional disturbance to a preponderance of evidence. Did the US Supreme Court hold that it is constitutional to put this burden on the defense, rather than forcing the prosecution to disprove extreme emotional disturbance beyond a reasonable doubt? Which part of the Constitution did the Court analyze to justify its holding?
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You are the defense attorney, and the district attorney has rested their case. Do you have to present a defense? Explain why you may decide not to have the defendant testify or provide evidence to the jury. Can the jury hold this against the defendant?
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Legal defenses can mitigate or eliminate guilt in a crime. For example, the district attorney may prove the defendant committed the act (actus reus) but not
mens rea
(guilty mind). Explain how someone who killed another person could be found not guilty. Use a legal defense example that could reduce (mitigate) or eliminate guilt in the case of murder.