Beyond reasonable doubt - This article will explore two elements of beyond reasonable doubt: 1. how jury directions about the presumption of innocence relate to the rule of law through a case study from Victoria: Dookheea. 2. the onus of proof on the prosecution to prove beyond reasonable doubt (and not possible doubt) through a case study: Pell.

 
Beyond a Reasonable Doubt is a 2009 American crime thriller film written and directed by Peter Hyams, starring Michael Douglas, Jesse Metcalfe and Amber Tamblyn. Based on Fritz Lang 's 1956 film of the same name , it was Hyams' second reimagining of an RKO property after 1990's Narrow Margin . [2] . Craigslist harrisonburg va cars and trucks by owner

For webmasters: Close. reasonable doubt. Also found in: Wikipedia . Reasonable Doubt. A standard of proof that must be surpassed to convict an accused in a criminal proceeding. Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a ... Feb 25, 2010 · The first principle is that the guilt of the accused must be proved by the State and that the onus rests on the State to prove the guilt of the accused beyond reasonable doubt. In the matter of S v T 2005 (2) SACR 318 (E), at paragraph 37, I had occasion to say the following of the importance of this principle: ‘ The State is required, when ... Beyond a Reasonable Doubt is a 1956 American film noir legal drama directed by Fritz Lang and written by Douglas Morrow. The film stars Dana Andrews, Joan Fontaine, Sidney Blackmer, and Arthur Franz. It was Lang's second film for producer Bert E. Friedlob, and the last American film he directed. Beyond a reasonable doubt is the standard of proof that applies in criminal matters. It is a higher standard than ‘on the balance of probabilities’, which is the standard of proof for civil matters.Beyond a Reasonable Doubt doesn't add up to much more than proof that Fritz Lang's best years were definitely behind him. The premise of an author setting himself up to be framed for murder to ... Hulu has yet to officially renew Reasonable Doubt for Season 2, but that doesn’t mean it won’t happen. It’s not uncommon for streaming services to wait a bit after a season finale before ...Beyond a Reasonable Doubt doesn't add up to much more than proof that Fritz Lang's best years were definitely behind him. The premise of an author setting himself up to be framed for murder to ... Definitions have included: (1) A reasonable doubt is a doubt based on reason and common sense after a careful and impartial consideration of all the evidence in a case. (2) It is the kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs. (3) It must be proof of such a convincing character ...Aug 7, 2021 · The Crown has the burden of proof. This means that the Crown must prove that the defendant is guilty beyond a reasonable doubt. If the Crown fails to prove its case beyond a reasonable doubt, the judge/jury must acquit the defendant. It is not up to the defendant or his or her criminal defence lawyer to prove the defendant’s innocence. reasonable doubt: A standard of proof that must be surpassed to convict an accused in a criminal proceeding. Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt . If the jury—or the judge in a bench trial—has a ... Beyond a Reasonable Doubt is a 2009 American crime thriller film written and directed by Peter Hyams, starring Michael Douglas, Jesse Metcalfe and Amber Tamblyn. Based on Fritz Lang 's 1956 film of the same name, it was Hyams' second reimagining of an RKO property after 1990's Narrow Margin. [2]If a legal case or a person's guilt is proved beyond reasonable doubt, there is enough proof for the person accused of a crime to be judged guilty: Her guilt was established beyond reasonable doubt. The state has not been able to prove guilt beyond reasonable doubt. Prosectors have to show beyond reasonable doubt that the accused intended to ...reasonable doubt: A standard of proof that must be surpassed to convict an accused in a criminal proceeding. Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt . If the jury—or the judge in a bench trial—has a ...Beyond a Reasonable Doubt doesn't add up to much more than proof that Fritz Lang's best years were definitely behind him. The premise of an author setting himself up to be framed for murder to ...今日はビジネスでよく使われる”Beyond (a) reasonable doubt”を取り上げます。 元々は裁判や法廷で使われる言い回しですが、ビジネスの場面、特に契約書や保険の説明書などで頻繁に目にする言い回しです。 その意味や使われ方を、例文を多く用いて紹介していきたいと思います。The assailed Decision of the Court of Appeals affirmed with modification (by increasing the duration of the penalty) the Decision 2 dated November 15, 2002 of the Regional Trial Court, Quezon City, which found Nilo Macayan, Jr. (Macayan) guilty beyond reasonable doubt of the crime of robbery. In the Information dated February 20, 2001, Macayan ...Feb 8, 2023 · A reasonable doubt is a doubt based upon reason and common sense—the kind of doubt that would make a reasonable person hesitate to act. Proof beyond a reasonable doubt must, therefore, be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his own affairs. The court based its decision in part on a study by Rita Simon and Linda Mahan (1971) which showed that judges quantified beyond a reasonable doubt higher than 70 to 80 percent. 1 In the cited study, questionnaires quantify the beyond a reasonable doubt standard as a percentage. Those judges who responded split roughly into thirds.This article will explore two elements of beyond reasonable doubt: 1. how jury directions about the presumption of innocence relate to the rule of law through a case study from Victoria: Dookheea. 2. the onus of proof on the prosecution to prove beyond reasonable doubt (and not possible doubt) through a case study: Pell.about. Beyond Reasonable Doubt is Candiria's second full length album. It was originally released in 1997 on Too Damn Hype Records and has now been made available through Rising Pulse Records. A Rising Pulse Release 2015 Cat # RPD003. Nov 17, 2014 · Beyond Reasonable Doubt! Will take you step-by-step through the well-documented evidence. Much of the research for this book was conducted to answer the author's own earlier doubts about Christianity's claims. Beyond a Reasonable Doubt. This standard of proof is used exclusively in criminal cases, and a person cannot be convicted of a crime unless a judge or jury is convinced of the defendant’s guilt beyond a reasonable doubt. Precisely, if there is any reasonable uncertainty of guilt, based on the evidence presented, a defendant cannot be convicted.Jun 22, 2020 · Because a person’s life and liberty is at stake, the prosecution has the highest burden in the land: they must prove their case beyond any and all reasonable doubt. If there is any evidence that might ---just might--- indicate innocence, then that is a reason to doubt, which means that a jury should return a not guilty verdict. proven “beyond a reasonable doubt.”1 To be sure, the phrase “reasonable doubt” does not actually appear anywhere in the Constitution. In fact, the Supreme Court has expressed the view that the reasonable doubt rule only “crystalliz[ed] . . . as late as 1798.”2 Nevertheless, in 1970 the Court read the familiar standard of proof into our5 theprosecutionissuccessfulindischargingtheinitialbutheavy burden,thentheonusshiftsontheaccusedtocounterthesameMay 25, 2021 · Legal scholars speculate that if a preponderance of evidence requires a juror to be 50.1 percent sure of themselves, then “beyond a reasonable doubt” means they should be 98-99 percent sure. This is still educated speculation, not hard and fast legal principle. What observers agree upon is that the word “reasonable” is the key to this ... 美国刑法中一个非常重要的举证标准是“排除合理的怀疑” (Beyond a Reasonable Doubt),也有人把它说成“超越合理的怀疑范围”,也有人称它为 ...Apr 10, 2019 · The three different burdens are proving someone guilty by a preponderance of the evidence, by clear and convincing evidence, or beyond a reasonable doubt. Preponderance of the evidence. Preponderance of the evidence is the burden of proof used in most civil claims. Civil claims are those filed by and against individuals and businesses. Generally, the prosecution has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn't required to prove innocence in order to avoid conviction, the prosecution also doesn't have to prove guilt to the point of absolute certainty. And despite the general rule that the prosecution bears the burden of ... Generally, the prosecution has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn't required to prove innocence in order to avoid conviction, the prosecution also doesn't have to prove guilt to the point of absolute certainty. And despite the general rule that the prosecution bears the burden of ...美国刑法中一个非常重要的举证标准是“排除合理的怀疑” (Beyond a Reasonable Doubt),也有人把它说成“超越合理的怀疑范围”,也有人称它为 ...Beyond a Reasonable Doubt is a 1956 American film noir legal drama directed by Fritz Lang and written by Douglas Morrow. The film stars Dana Andrews, Joan Fontaine, Sidney Blackmer, and Arthur Franz. It was Lang's second film for producer Bert E. Friedlob, and the last American film he directed. Preview: Beyond Reasonable Doubt. The most captivating real life true-crime story you have never heard of. Beyond a Reasonable Doubt is a 1956 American film noir legal drama directed by Fritz Lang and written by Douglas Morrow. The film stars Dana Andrews, Joan Fontaine, Sidney Blackmer, and Arthur Franz. It was Lang's second film for producer Bert E. Friedlob, and the last American film he directed. The criminal standard in Australia is beyond reasonable doubt. All indictable Commonwealth offences, defined as offences carrying a term of imprisonment in excess of 12 months; are constitutionally required to be trials by jury. Juries are required to make findings of guilt at the 'beyond reasonable doubt' standard for criminal matters.If a legal case or a person's guilt is proved beyond reasonable doubt, there is enough proof for the person accused of a crime to be judged guilty: Her guilt was established beyond reasonable doubt. The state has not been able to prove guilt beyond reasonable doubt. Prosectors have to show beyond reasonable doubt that the accused intended to ...Australia October 1 2021. When you are charged with an offence by the police, they are required to be able to prove that charge “beyond reasonable doubt”. Under the common law tradition, it is ...Beyond a reasonable doubt is the highest standard of proof in our judicial system. Our system has two differing standards of proof, namely on the balance of probabilities in a civil jurisdiction and beyond a reasonable doubt in a criminal jurisdiction. Criminal law in Australia is underpinned by the the presumption of innocence, which does not ...Beyond a Reasonable Doubt. "Beyond a reasonable doubt" is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. ( In re Winship, 397 U.S. 358, 364 (1970).)A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime. amount to a sense of being morally certain beyond any reasonable doubt, i.e. in favor of the prosecutor's contention." 7 Simon Greenleaf also re-ferred to reasonable doubt in describing the amount of proof re-quired in a criminal case, stating that facts are proven by satisfactory evidence which is "that amount of proof...Virginia, 24 the Supreme Court said that “ [a] reasonable doubt, at a minimum, is one based on reason.” 25. Another common explanation is that the evidence must persuade the jurors of guilt “to a moral certainty.”. Some federal courts have explicitly rejected the “moral certainty” standard, fearing that the word “certainty ...Section 13.2 provides that a legal burden of proof on the prosecution must be discharged beyond reasonable doubt. If a law imposes a burden of proof on the defendant (a so-called 'reverse onus' provision), section 13.3 of the Criminal Code provides that the burden of proof is an evidential burden only, unless the law specifies otherwise.The three different burdens are proving someone guilty by a preponderance of the evidence, by clear and convincing evidence, or beyond a reasonable doubt. Preponderance of the evidence. Preponderance of the evidence is the burden of proof used in most civil claims. Civil claims are those filed by and against individuals and businesses.The government can take your car without proving their case beyond a reasonable doubt, they can take your house, the government can even take away your children without proving anything beyond a reasonable doubt. But when the government tries to take someone's liberty, their freedom - they are held to the highest standard under the law and they ...The Crown has the burden of proof. This means that the Crown must prove that the defendant is guilty beyond a reasonable doubt. If the Crown fails to prove its case beyond a reasonable doubt, the judge/jury must acquit the defendant. It is not up to the defendant or his or her criminal defence lawyer to prove the defendant’s innocence.17 hours ago · Navarro is the second former Trump ally to face contempt of Congress charges. Ex-White House adviser Steve Bannon was convicted of two counts of contempt of Congress earlier this year and ... Apr 24, 2023 · Beyond a reasonable doubt is a higher standard of proof used in criminal cases. It requires the prosecution to prove its case to such a degree that no reasonable doubt can be left in the minds of the jury or judge. This standard requires a high level of certainty and ensures that the defendant is not found guilty unless the evidence presented ... Reasonable Doubt v. Balance of Probability. In common law, two separate standards of proof are recognized- proof beyond reasonable doubt and proof based on the balance of probabilities. The former is he standard adopted while dealing with criminal cases while the latter is the standard in use in case of civil suits. [1]Section 13.2 provides that a legal burden of proof on the prosecution must be discharged beyond reasonable doubt. If a law imposes a burden of proof on the defendant (a so-called 'reverse onus' provision), section 13.3 of the Criminal Code provides that the burden of proof is an evidential burden only, unless the law specifies otherwise.Beyond a Reasonable Doubt. "Beyond a reasonable doubt" is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. ( In re Winship, 397 U.S. 358, 364 (1970).) Preview: Beyond Reasonable Doubt. The most captivating real life true-crime story you have never heard of. 美国刑法中一个非常重要的举证标准是“排除合理的怀疑” (Beyond a Reasonable Doubt),也有人把它说成“超越合理的怀疑范围”,也有人称它为 ...A reasonable doubt is a doubt based upon reason and common sense—the kind of doubt that would make a reasonable person hesitate to act. Proof beyond a reasonable doubt must, therefore, be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his own affairs.Aug 7, 2021 · The Crown has the burden of proof. This means that the Crown must prove that the defendant is guilty beyond a reasonable doubt. If the Crown fails to prove its case beyond a reasonable doubt, the judge/jury must acquit the defendant. It is not up to the defendant or his or her criminal defence lawyer to prove the defendant’s innocence. 3.02 Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. The presumption is not a mere formality. It is a matter of the most important substance. The court based its decision in part on a study by Rita Simon and Linda Mahan (1971) which showed that judges quantified beyond a reasonable doubt higher than 70 to 80 percent. 1 In the cited study, questionnaires quantify the beyond a reasonable doubt standard as a percentage. Those judges who responded split roughly into thirds.The criminal standard in Australia is beyond reasonable doubt. All indictable Commonwealth offences, defined as offences carrying a term of imprisonment in excess of 12 months; are constitutionally required to be trials by jury. Juries are required to make findings of guilt at the 'beyond reasonable doubt' standard for criminal matters. Beyond a Reasonable Doubt is a 1956 American film noir legal drama directed by Fritz Lang and written by Douglas Morrow. The film stars Dana Andrews, Joan Fontaine, Sidney Blackmer, and Arthur Franz. It was Lang's second film for producer Bert E. Friedlob, and the last American film he directed. Feb 15, 2021 · Reasonable doubt is based on reason and common sense arising from the condition of the evidence. Proving a crime beyond a reasonable doubt leaves the court firmly convinced of the accused’s guilt. The proof must provide evidentiary certainty, although not necessarily absolute or mathematical certainty. Proof beyond a reasonable doubt may ... 美国刑法中一个非常重要的举证标准是“排除合理的怀疑” (Beyond a Reasonable Doubt),也有人把它说成“超越合理的怀疑范围”,也有人称它为 ...Once a jury has determined a person to be guilty “beyond a reasonable doubt,” that person’s fate is almost always sealed. Even the emergence of new evidence, like the evidence of DNA testing ... Monthly price. $7.99/mo. $14.99/mo. Streaming Library with tons of TV episodes and movies. Most new episodes the day after they air†. Access to award-winning Hulu Originals. Watch on your favorite devices, including TV, laptop, phone, or tablet. Up to 6 user profiles. Watch on 2 different screens at the same time.The court based its decision in part on a study by Rita Simon and Linda Mahan (1971) which showed that judges quantified beyond a reasonable doubt higher than 70 to 80 percent. 1 In the cited study, questionnaires quantify the beyond a reasonable doubt standard as a percentage. Those judges who responded split roughly into thirds.Feb 7, 2005 · 美国刑法中一个非常重要的举证标准是“排除合理的怀疑” (Beyond a Reasonable Doubt),也有人把它说成“超越合理的怀疑范围”,也有人称它为 ... Section 13.2 provides that a legal burden of proof on the prosecution must be discharged beyond reasonable doubt. If a law imposes a burden of proof on the defendant (a so-called 'reverse onus' provision), section 13.3 of the Criminal Code provides that the burden of proof is an evidential burden only, unless the law specifies otherwise.Generally, the prosecution has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn't required to prove innocence in order to avoid conviction, the prosecution also doesn't have to prove guilt to the point of absolute certainty. And despite the general rule that the prosecution bears the burden of ... noun. : a doubt especially about the guilt of a criminal defendant that arises or remains upon fair and thorough consideration of the evidence or lack thereof. all persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt Texas Penal Code.Reasonable doubt is based on reason and common sense arising from the condition of the evidence. Proving a crime beyond a reasonable doubt leaves the court firmly convinced of the accused’s guilt. The proof must provide evidentiary certainty, although not necessarily absolute or mathematical certainty. Proof beyond a reasonable doubt may ...A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. If after a careful and impartial consideration of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is ...A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. If after a careful and impartial consideration of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is ...Guilty, Beyond a Reasonable Doubt. A prosecutor should prove that the defendant is guilty of the crime for which he or she has been accused “beyond a reasonable doubt”. This means that the proposition, scenario, or facts presented by the prosecution must be proven to the jury or judge to the extent that there could be “no reasonable doubt ...beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases. probable cause in the acquisition of a warrant or arrest proceeding. reasonable belief as part of establishing probable cause. reasonable suspicion in cases involving police stop and searches.Jul 10, 2009 · Commencing a risky game of cat and mouse with Hunter, C.J. frames himself as a murder suspect to catch the corrupt D.A. in the act. Romantically involved with C.J. but unaware of his assignment, assistant D.A. Ella Crystal becomes caught between her boss's political ambitions and C.J.'s dangerous expose. The reasonable doubt instruction does not require that all doubt be removed; and in many cases there are facets that “we do not know” such as motive but that need not be proved. Does Turow’s language misinterpret what proof beyond a reasonable doubt means or mislead the jury about what they need to determine? Possibly.If the accused’s version is reasonably possibly true in substance the court must decide the matter on the acceptance of that version and acquit the accused. [8] In the case of S v Jackson 1998 (1) SACR 470 (SCA) at 476 the court stated as follows: “ Burden is on the State to prove the guilt of an accused beyond reasonable doubt, no more and ...beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases. probable cause in the acquisition of a warrant or arrest proceeding. reasonable belief as part of establishing probable cause. reasonable suspicion in cases involving police stop and searches.Hulu has yet to officially renew Reasonable Doubt for Season 2, but that doesn’t mean it won’t happen. It’s not uncommon for streaming services to wait a bit after a season finale before ...Beyond a Reasonable Doubt – The evidence presented by the prosecutor in a criminal trial proves the defendant’s guilt to such a degree that no reasonable doubt could exist in the mind of a rational, reasonable person.proven “beyond a reasonable doubt.”1 To be sure, the phrase “reasonable doubt” does not actually appear anywhere in the Constitution. In fact, the Supreme Court has expressed the view that the reasonable doubt rule only “crystalliz[ed] . . . as late as 1798.”2 Nevertheless, in 1970 the Court read the familiar standard of proof into ourThe other is “beyond a reasonable doubt”. This is used in criminal trials. The state must prove the defendant is guilty “beyond a reasonable doubt”. In that case, if I as prosecutor can show the defendant is 51% likely to be guilty, that isn’t good enough to convict. I have to show there is no “reasonable doubt” as to their guilt.

美国刑法中一个非常重要的举证标准是“排除合理的怀疑” (Beyond a Reasonable Doubt),也有人把它说成“超越合理的怀疑范围”,也有人称它为 .... Res par.thecha.org resident login

beyond reasonable doubt

The assailed Decision of the Court of Appeals affirmed with modification (by increasing the duration of the penalty) the Decision 2 dated November 15, 2002 of the Regional Trial Court, Quezon City, which found Nilo Macayan, Jr. (Macayan) guilty beyond reasonable doubt of the crime of robbery. In the Information dated February 20, 2001, Macayan ...If a legal case or a person's guilt is proved beyond reasonable doubt, there is enough proof for the person accused of a crime to be judged guilty: Her guilt was established beyond reasonable doubt. The state has not been able to prove guilt beyond reasonable doubt. Prosectors have to show beyond reasonable doubt that the accused intended to ...Feb 8, 2023 · A reasonable doubt is a doubt based upon reason and common sense—the kind of doubt that would make a reasonable person hesitate to act. Proof beyond a reasonable doubt must, therefore, be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his own affairs. Beyond Reasonable Doubt opens with the recent finding that just 1% of reported rapes lead to a conviction, the lowest rate ever recorded, and at a time when such reports are increasing. Panorama ...BEYOND A REASONABLE DOUBT - Cambridge English Dictionary Meaning of beyond a reasonable doubt in English beyond a reasonable doubt phrase US (UK beyond reasonable doubt) Add to word list If a legal case or a person's guilt is proved beyond a reasonable doubt, there is enough proof for the person accused of a crime to be judged guilty: Beyond Reasonable Doubt! Will take you step-by-step through the well-documented evidence. Much of the research for this book was conducted to answer the author's own earlier doubts about Christianity's claims.Definitions have included: (1) A reasonable doubt is a doubt based on reason and common sense after a careful and impartial consideration of all the evidence in a case. (2) It is the kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs. (3) It must be proof of such a convincing character ...Beyond any reasonable doubt is the highest standard of proof in any courtroom anywhere in the world – this is the standard of proof in every criminal case in our country, whether you are charged with speeding or murder because we must be sure before we take away a person’s freedom, put them in prison, and brand them as a criminal for the ...The criminal standard in Australia is beyond reasonable doubt. All indictable Commonwealth offences, defined as offences carrying a term of imprisonment in excess of 12 months; are constitutionally required to be trials by jury. Juries are required to make findings of guilt at the 'beyond reasonable doubt' standard for criminal matters. Section 13.2 provides that a legal burden of proof on the prosecution must be discharged beyond reasonable doubt. If a law imposes a burden of proof on the defendant (a so-called 'reverse onus' provision), section 13.3 of the Criminal Code provides that the burden of proof is an evidential burden only, unless the law specifies otherwise.The formulation "beyond reasonable doubt" is characteristic of Anglophone legal systems since the eighteenth century. [6] United Kingdom England and Wales In English common law prior to the reasonable doubt standard, passing judgment in criminal trials had severe religious repercussions for jurors.In criminal trials, judges or jurors have to decide whether the facts described in the indictment are proven beyond a reasonable doubt. However, these decision-makers cannot always imagine every relevant sequence of events—there may be unconceived alternatives. The possibility of unconceived alternatives is an overlooked source of reasonable doubt. I argue that decision-makers should not ...A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime..

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