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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A street-level robbery occurs at 3:30 a.m. in a 24-hour convenience store. The prosecution offers the following evidences: (i)A bystander testifies he saw a man wearing a red cap and gray jacket run from the store toward a side street; he cannot positively identify the accused. (ii)The store’s CCTV frame captures a silhouette of a person with a red cap entering and exiting the store; the face is not identifiable. (iii)The accused testifies he was at his apartment and provides a ride-hailing receipt showing pickup at 3:15 a.m. near his residence and drop-off at 3:50 a.m.; the ride service confirms the times. (iv)A fingerprint recovered from the store’s cash register yields a partial match to the accused, but the laboratory notes the result is not conclusive. (v)A cap bearing a brand sold only at the accused’s shop is found at the scene; the store logbook shows a sale of that cap to an anonymous customer at 3:10 a.m.; the defense argues the initials in the logbook could belong to any staff member and questions the chain of custody. (a)Identify whether the above evidences are direct or circumstantial and state the controlling rule from Rule 133 on weight and sufficiency. (b)If the evidences are circumstantial, discuss whether the facts proven satisfy the four requisites for circumstantial evidence to convict beyond reasonable doubt, and conclude whether the prosecution has proven guilt beyond reasonable doubt.

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Clara

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