R&D isn’t t violates Energy production it’s pre-production

Download 153.9 Kb.
Size153.9 Kb.
1   ...   30   31   32   33   34   35   36   37   ...   45

Should immediate

Nieto 9 --- Judge Henry Nieto, Colorado Court of Appeals, 8-20-2009 People v. Munoz, 240 P.3d 311 (Colo. Ct. App. 2009)

"Should" is "used . . . to express duty, obligation, propriety, or expediency." Webster's Third New International Dictionary 2104 (2002). Courts [**15] interpreting the word in various contexts have drawn conflicting conclusions, although the weight of authority appears to favor interpreting "should" in an imperative, obligatory sense. HN7A number of courts, confronted with the question of whether using the word "should" in jury instructions conforms with the Fifth and Sixth Amendment protections governing the reasonable doubt standard, have upheld instructions using the word. In the courts of other states in which a defendant has argued that the word "should" in the reasonable doubt instruction does not sufficiently inform the jury that it is bound to find the defendant not guilty if insufficient proof is submitted at trial, the courts have squarely rejected the argument. They reasoned that the word "conveys a sense of duty and obligation and could not be misunderstood by a jury." See State v. McCloud, 257 Kan. 1, 891 P.2d 324, 335 (Kan. 1995); see also Tyson v. State, 217 Ga. App. 428, 457 S.E.2d 690, 691-92 (Ga. Ct. App. 1995) (finding argument that "should" is directional but not instructional to be without merit); Commonwealth v. Hammond, 350 Pa. Super. 477, 504 A.2d 940, 941-42 (Pa. Super. Ct. 1986). Notably, courts interpreting the word "should" in other types of jury instructions [**16] have also found that the word conveys to the jury a sense of duty or obligation and not discretion. In Little v. State, 261 Ark. 859, 554 S.W.2d 312, 324 (Ark. 1977), the Arkansas Supreme Court interpreted the word "should" in an instruction on circumstantial evidence as synonymous with the word "must" and rejected the defendant's argument that the jury may have been misled by the court's use of the word in the instruction. Similarly, the Missouri Supreme Court rejected a defendant's argument that the court erred by not using the word "should" in an instruction on witness credibility which used the word "must" because the two words have the same meaning. State v. Rack, 318 S.W.2d 211, 215 (Mo. 1958). [*318] In applying a child support statute, the Arizona Court of Appeals concluded that a legislature's or commission's use of the word "should" is meant to convey duty or obligation. McNutt v. McNutt, 203 Ariz. 28, 49 P.3d 300, 306 (Ariz. Ct. App. 2002) (finding a statute stating that child support expenditures "should" be allocated for the purpose of parents' federal tax exemption to be mandatory).

Directory: download -> Northwestern
Northwestern -> 1ac – Heg Advantage
Northwestern -> I emphasize this point because
Northwestern -> 1nc Off-Case *Off
Northwestern -> China da 1NC
Northwestern -> Congressional oversight is necessary for a pragmatic, flexible approach to threats executive discretion results in knee-jerk policy failure
Northwestern -> A. Interpretation and violation the affirmative should defend topical action grounded in the resolution
Northwestern -> Advantage 1 is accountability
Northwestern -> Contention 1: internment the Internment Cases have not been analyzed by modern courts yet
Northwestern -> “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard
Northwestern -> Security is a psychological construct—the aff’s scenarios for conflict are products of paranoia that project our violent impulses onto the other

Download 153.9 Kb.

Share with your friends:
1   ...   30   31   32   33   34   35   36   37   ...   45

The database is protected by copyright ©essaydocs.org 2022
send message

    Main page