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The Supreme Court overturned this ruling, finding "beyond doubt" that the undisclosed evidence destroyed confidence in the jury's verdict.
1.36pm GMT Nair says that on the question of premeditated murder he is not at this point as much seized with the issue of finding beyond reasonable doubt that the applicant has committed premeditated murder.
"Here, the evidence and inferences the government presents are simply too weak to support a finding beyond a reasonable doubt of criminal intent," the judge wrote in a 23-page ruling.
The court struck down New Jersey's hate crime law, ruling 5 to 4 that the Constitution requires the jury to make the central finding, beyond a reasonable doubt, of whether a crime was motivated by bias.
The Supreme Court declared New Jersey's hate crime law unconstitutional today on the twin grounds that it improperly permitted the judge, rather than the jury, to make the crucial finding that the crime was motivated by bias and that it did not require proof of that finding beyond a reasonable doubt.
However, care must be taken not to generalize this finding beyond the scope of this study.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com