10 Sep Chapter 2 OER 1. What are the two primary classification of evidence used in criminal cases? Define them, and give an example of each type of evidence. 2. What two tools can parties use to meet the burden of proof? Define both of the tools. Provide an example of each tool. 3. What is meant by diversity of State Laws? A. Name an example of diversity of state law provided in the book? B. Pick an example of diversity of state law from the book. Do you agree with the state’s position? Why or why not? Chapter 3 OER 1. Brad was convicted of possession of cocaine and sentenced to 5 years in prison in 2019. In 2020, the state legislature passed a law making possession of cocaine a misdemeanor. Cliff was arrested for a misdemeanor assault when he tried to choke his wife during a domestic dispute in 2019. In 2020, the state passed a law making choking a felony. Cliff has not been tried or convicted of the assault. A. What type of law, prohibited by the Constitution, is relevant for consideration for Brad and Cliff? B. What is the definition of this law? C. Can Brad have his sentence reduced to a misdemeanor and be released from prison? Why or why not? Explain your answer in detail. D. Can the prosecutor charge Cliff with a felony? Why or why not. Explain your answer in detail.
Chapter 2 OER
1. What are the two primary classification of evidence used in criminal cases? Define them, and give an example of each type of evidence.
2. What two tools can parties use to meet the burden of proof? Define both of the tools. Provide an example of each tool.
3. What is meant by diversity of State Laws?
A. Name an example of diversity of state law provided in the book?
B. Pick an example of diversity of state law from the book. Do you agree with the state’s position? Why or why not?
Chapter 3 OER
1. Brad was convicted of possession of cocaine and sentenced to 5 years in prison in 2019. In 2020, the state legislature passed a law making possession of cocaine a misdemeanor.
Cliff was arrested for a misdemeanor assault when he tried to choke his wife during a domestic dispute in 2019. In 2020, the state passed a law making choking a felony. Cliff has not been tried or convicted of the assault.
A. What type of law, prohibited by the Constitution, is relevant for consideration for Brad and Cliff?
B. What is the definition of this law?
C. Can Brad have his sentence reduced to a misdemeanor and be released from prison? Why or why not? Explain your answer in detail.
D. Can the prosecutor charge Cliff with a felony? Why or why not. Explain your answer in detail.
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