IMPORTANT LAW DOCTRINE Flashcards

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1
Q

Proof beyond reasonable doubt requires moral certainty. Meaning

A

Proof beyond reasonable doubt requires moral certainty. If the inculpatory facts and circumstances are capable of two or more explanations or interpretations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, the evidence does not fulfill or hurdle the test of moral certainty and does not suffice to convict.

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2
Q

In any criminal prosecution, it is necessary that every essential ingredient of the crime charged must be proved beyond reasonable doubt. Why?

A

in order to overcome the constitutional right of the accused to be presumed innocent.

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3
Q

Proof beyond reasonable doubt elucidate.

A

In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.

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