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Discrepancy between burden of proof in criminal trial

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Reference no: EM133391480

Questions

1. Note the discrepancy between the burden of proof in a criminal trial (beyond a reasonable doubt) and the burden of proof to obtain a search warrant (more likely than not). What is the rationale for allowing a lesser burden in the investigatory phase of prosecution? Do you agree with this rationale? Why or why not?

2. Is the more likely than not burden of proof appropriate for approval of an application for a search warrant, or should the use of beyond a reasonable doubt burden be required instead?

Reference no: EM133391480

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