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QUESTION

List and define the elements of the criminal law. Why must the state prove each element for a successful prosecution?

  • List and define the elements of the criminal law. 
  • Why must the state prove each element for a successful prosecution? In answering this questions, explain the purpose of the 1st, 4th, 5th, 6th, and 8th Amendments of the U.S. Constitution.
  • In your personal opinion, does the Bill of Rights (the first ten amendments of the U.S. Constitution) give criminal defendants too much power thereby diminishing the needs and rights of the victim?  
  • Would there be any risks from reducing the rights available to the accused in the criminal justice system? If so, what?
  • Lastly, what can be done to balance the rights of victims and the rights of the accused simultaneously? 

Fully explain the rationale for your answer. 

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