Introduction To American Law

1- The US legal system is relatively unique in that the cornerstone of American justice is the presumption of innocence, wich is protected by the Due Process Clause and the Fifth Amendment. Every defendant is presumed to be innocent unless and until the state proves beyond a reasonable doubt that the accused is guilty of the crime. The burden of proving guilt beyond a reasonable doubt remains exclusively with the prosecution throughout the trial. The defendant has no obligation to present evidence of innocence and has an affirmative right under the Fifth Amendment to remain silent throughout the proceedings. The defendant’s silence, at least in theory, cannot be used against him. Explain whether or not this system works and the pros and cons. Would it be better to presume a defendant guilty and then put the burden on her to prove herself innocent. Should defendants be permitted to remain silent without the judge or jury making negative inferences from the same ? ( 3 pages )

2- Jury system can work as the finders of fact. Explain the pros and cons of a jury system and whether or not you find it to be efficient and fair ? (3 pages)

3- Explain the fruit of the poisonous tree doctrine. Lists the pros and the cons of said doctrine and conclude as to whether or not you find it to be efficient and why ? (3 pages)

Note: Please make sure each question write 3 pages.

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