Due Process

Question 1

Burden of Proof - elements of crime and affirmative defenses

Answer 1

DP prohibits placing BoP of an element of the crime on the D

BoP for affirmative defense can be placed on the D

Question 2

Double Jeopardy - right to appeal

Answer 2

DJ doesn’t bar appeals generally.

DP prohibits imposing a harsher sentence on retrial for exercising the right to appeal

Question 3

when is failure to disclose exculpatory evidence grounds for reversal?

Answer 3

1. Evidnce was favorable because it is impeaching for exculpatory
2. Prejudice resulted (reasonable probability of different outcome)