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What is articulable suspicion?
Articulable suspicion refers to a legal standard used by law enforcement that requires officers to have specific, objective facts or circumstances that justify a brief stop or investigation of a person. Unlike probable cause, which requires a higher level of certainty for an arrest, articulable suspicion allows officers to act on reasonable inferences based on their training and experience. This standard is often applied in situations such as stop-and-frisk encounters, where officers need to articulate the reasons for their suspicion to justify their actions.
What are the burden of proof Probable Cause used?
Probable cause is a legal standard used primarily in criminal law to determine whether law enforcement has sufficient justification to make an arrest, conduct a search, or obtain a warrant. It requires that law enforcement officers have reasonable grounds to believe that a crime has been committed or that evidence of a crime can be found in a specific location. This standard is higher than mere suspicion but lower than the "beyond a reasonable doubt" standard required for a conviction. The purpose of probable cause is to protect individuals from unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.
What is the difference between probable clause and reasonable doubt?
In short, probable cause requires the belief of the affiant that more likely than not these are the facts of the situation, whereas, beyond a reasonable doubt is a higher standard of proof which would require a standard that there is no doubt (reasonably) that these are the facts of the situation. Probable cause is used for making an arrest, obtaining warrants, etc... where beyond a reasonable doubt is used during the criminal justice trial by the jury/judge for convictions of the crimes being charged.
The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof?
No, the amount of proof needed for detention and for going to trial is different. For detention, the probable cause standard is relatively low and requires enough evidence to establish a reasonable belief that a crime has been committed. On the other hand, to go to trial, a higher standard of proof, such as beyond a reasonable doubt, is typically required to establish guilt.
What does clear and convincing evidence mean?
Clear and convincing evidence is a standard of proof used in legal contexts, indicating that a party's claims are highly probable and more likely true than not. It requires a higher level of certainty than the "preponderance of the evidence" standard but is less stringent than "beyond a reasonable doubt." This standard often applies in civil cases, such as those involving fraud or certain family law matters. Essentially, it means that the evidence presented must be strong enough to convince a reasonable person of the truth of the claims made.
Probable cause mean having more evidence against than for true or false?
True. Probable cause refers to a reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime can be found in a specific location. It implies that the evidence or information available suggests a higher likelihood of guilt than innocence, though it does not require proof beyond a reasonable doubt.
What evidence is proven on search and seizure on school grounds?
Evidence related to search and seizure on school grounds is primarily governed by the Fourth Amendment, which protects against unreasonable searches. Courts have upheld that school officials can conduct searches based on reasonable suspicion rather than the higher standard of probable cause. This means that if a school official has a reasonable belief that a student is violating a law or school policy, they may search lockers, backpacks, or even students themselves. Additionally, cases like New Jersey v. T.L.O. have established that the need to maintain a safe school environment can justify searches that might otherwise be considered unreasonable outside of that context.
Can a professional be held by the reasonable person srandard?
Yes, a professional can be held to the reasonable person standard, but it is often modified to account for their specific expertise. In cases of negligence, the standard of care expected from a professional is typically that of a reasonably competent professional in the same field under similar circumstances. This means that while they are expected to meet a higher standard than a layperson, their actions are still evaluated based on what is considered reasonable within their profession.
Why is the standard of proof at trial so much higher than the standard of proof necessary for the police to investigate crime?
If the police could only make an arrest with evidence that shows "proof beyond a reasonable doubt", then no one would ever be arrested. Society would be in harm's way because the suspects rights would be prioritised over society. However, if a court were to convict people based on reasonable suspicion or probable cause, there is a high probability that innocent people would be convicted and punished for crimes they did not commit. Their standards of proof are different because they are given different jobs. The same reason medical professionals do not give a band-aid to a gunshot victim, and open surgery to someone with a papercut. These two standards of proof protect, both, society and the defendant. Society does not have the tolerate criminal activity, and the defendant does not have to tolerate unjust punishment.
What describes the movement of particles from higher concentration to lower concentration?
You think probable to diffusion.
How are standard of living and GDP related?
Usually, the higher the GDP, the higher the standard of living.
Is the higher the standard deviation the greater the variation?
Yes. Since the standard deviation is defined as the square root of the variance, it can be said that the higher the standard deviation, the higher the variance.
