Upon Which Party Does the Burden of Proof Rest and to What

question 45

Multiple Choice

Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?

• A)The prosecution must prove voluntariness by a preponderance of the evidence.
• B)The prosecution must prove voluntariness beyond a reasonable doubt.
• C)The defendant must prove voluntariness by a preponderance of the evidence.
• D)The defendant must prove voluntariness beyond a reasonable doubt.

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Definitions:

Sympathetic Nervous System

Part of the autonomic nervous system that activates the body's fight-or-flight response during stressful situations.

Parasympathetic Nervous System

A division of the autonomic nervous system responsible for conserving energy and lowering the heart rate, among other actions, to maintain homeostasis.

Autonomic Nervous System

The part of the nervous system responsible for control of the bodily functions not consciously directed, such as breathing, the heartbeat, and digestive processes.

Self Report

A method in research where participants provide information about themselves, typically through questionnaires or interviews.