Melissa Hinton

CJUS 2093
Ehomework 2
1.

Do you believe that the adversarial system is the best way to achieve justice in American
courts? Within the context of this question, keeping the limits of the adversarial system in mind,
what does justice mean?
a. I do believe that the adversarial system is the best way to achieve justice.
b. This system allows opposing sides to debate each other in an open court. In the context
of the adversarial model, justice means that there will be a fair trial.
2. What is mens rea? How many different levels or types of mens rea does this chapter identify?
What are they? Might there be others? If so, what might they be?
a. Mens rea means guilty mind. This means a criminal has knowingly committed a crime;
criminal intent.
b. There are four main levels discussed in this chapter:
i. Knowing
ii. Reckless
iii. Purposeful
iv. Negligence.
c. At common law there are two forms of mens rea recognized: general intent-defendant
intended to act but didnt anticipate the consequences; specific intent-knowledge of
potential consequences during crime.
3. What is the difference between the reasonable doubt standard and the burden of proof
requirement? Why should the prosecution carry the burden of proof rather than the defense?
Can you think of any circumstances under which the burden of proof (perhaps specific issues)
should lie within the defendant?
a. Reasonable doubt standard-standard proof necessary for conviction in criminal trials
b. Burden of proof-Obligation to find facts or produce evidence
c. The reason the prosecution should carry the burden of proof is because they are the
ones trying to prove guilt. The defense would maintain their innocence until proven
guilty.
d. A defendant may take on the burden of proof if they were a litigant in a civil case.
i. Ex: If they allegedly damaged someones vehicle.
4. What is meant by reasonable doubt? How does reasonable doubt differ from preponderance of
the evidence? Which is the better standard for use in criminal court? Why?
a. Reasonable doubt-actual and substantial doubt arising from evidence, from the facts or
circumstances shown by the evidence, or from a lack of evidence.
b. Preponderance of evidence-determines legal liability, requires probability of 50% that
the defendant did what is claimed. Reasonable doubt requires 98-99%
c. Reasonable doubt is a better standard to use, because the evidence proves more guilt. If
we used preponderance of evidence, we could convict an alleged murderer with less
evidence.

5. What is strict liability? Why are some crimes punished solely on the basis of strict liability? Are
strict liability offense worthy of blame as other offenses that require mens rea? Why or why
not?
a. Strict liability-consciously thinking out performing a specific act in order to achieve a
particular task.
b. Traffic offenses, statutory rape are strict liability cases.
c. Some people believe that they shouldnt be offense worthy because they have no
mental element. They believe a person cannot be considered committing a crime with
mens rea if they are unaware of what they are doing.
i. Ex: A person sells drugs near a housing project