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presumption of innocence

presumption of innocence

1. Define presumption of innocence. What is the importance of the presumption of innocence as it relates to criminal liability?

2. What are strict liability crimes? Provide at least one example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.

3. What is the legal definition of a voluntary act? Explain fault-based defenses and affirmative defenses and their relationship to the legal definition of a voluntary act. Provide examples.

4. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense.