Question

ms. k. murphy
directions: answer true or false to the following statements and explain why it is true or false

1. habeas corpus can be suspended during times of war.
2. according to the constitution a person need not answer any questions when detained by an officer.
3. persons accused of a crime are aware of their rights at arraignment.
4. the use of common law enables the law to change to meet the needs of society.
5. the daily lives of americans are most greatly affected by laws made in courts.
6. a crime is considered an act against the victim.
7. presumed innocent means a person charged with a crime must prove he or she is not guilty.
8. if an accused person is not advised of a crime there can be no crime.
9. presumption of innocence means the burden of proof is on the victim.
10. habeas corpus releases no one from jail.

Explanation:

1. Habeas Corpus, a legal right challenging unlawful detention, can be suspended by the government during war or national emergencies to maintain order, as permitted under U.S. law (e.g., Civil War suspensions).
2. The 5th Amendment's right against self-incrimination only protects against compelled self-incriminating statements; individuals may still need to answer non-incriminating questions when detained.
3. The arraignment is the formal reading of charges, where the accused is informed of their legal rights (like right to counsel) and enters a plea.
4. Common law is judge-made law that evolves through precedent, allowing courts to adapt legal rules to changing societal needs and circumstances over time.
5. Most laws directly impacting daily American life are statutory laws passed by legislative bodies (federal, state, local), not court-made common law.
6. A crime is legally defined as an act against the state/community, not just an individual victim; the state prosecutes criminal offenses.
7. Presumed innocent means the prosecution bears the burden of proving guilt; the defendant is not required to prove their innocence.
8. For a crime to exist, the prosecution only needs to prove the defendant committed the act (actus reus) with the required mental state (mens rea); the defendant does not need to be advised of the crime beforehand.
9. The presumption of innocence places the burden of proving guilt beyond a reasonable doubt on the prosecution, not the victim (who is often a witness, not a party to the criminal case).
10. Habeas Corpus is a legal petition that can result in the release of a person if their detention is found to be unlawful by a court.

Answer:

1. True
2. False
3. True
4. True
5. False
6. False
7. False
8. False
9. False
10. False