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Given all that former President Donald Trump has been accused of, just how will state and federal prosecutors convince juries that he is guilty beyond a reasonable doubt?
That question is partially explained by Harvard criminal law professor Ronald Sullivan.
A key element in both federal indictments on his handling of classified documents and his role in the Jan. 6 violent attack on the U.S. Capitol is Trump’s state of mind. While no one can say for sure what’s inside another’s mind, there are some clues, and those include the actions a suspect took before and after an alleged crime. This legal tool is known as consciousness of guilt.
“As the country contemplates these indictments,” Sullivan writes, “it’s important to remember that federal prosecutors will dissect everything Trump did, said or heard to argue that his behavior indicates that he intended to commit the crimes for which he is charged.”
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Former President Donald Trump makes his way to the stage during a rally in Erie, Pa., on July 29, 2023.
Dustin Franz for The Washington Post via Getty Images
Ronald S. Sullivan Jr., Harvard University
A key element in proving Trump’s guilt or innocence is determining the former president’s state of mind and whether he has shown a consciousness of guilt before and after the alleged crimes.
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Economy + Business
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Rachel Chambers, University of Connecticut; David Birchall, London South Bank University
A new EU law would require thousands of multinational companies, including many based in the US, to look for signs of human rights abuses in their supply chains.
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Health + Medicine
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Sonia Hassan, Wayne State University; Hala Ouweini, Wayne State University
A March of Dimes report gave the US a grade of D+ for maternal and infant health care, highlighting that the national preterm birth rate hit 10.5% in 2021, a record 15-year high.
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Science + Technology
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Mariel Borowitz, Georgia Institute of Technology; Teasel Muir-Harmony, Georgetown University
A new survey catalogs Americans’ expectations about the future of space, from NASA to SpaceX. Two space policy experts describe how these results stack up against the current state of space affairs.
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Ethics + Religion
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Chance Bonar, Tufts University
There was no one type of slavery in ‘biblical’ or ‘ancient’ societies, given how varied they were. But much of what historians know about slavery during those eras is horrific.
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Politics + Society
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James D. Long, University of Washington; Victor Menaldo, University of Washington
Donald Trump has made personal grievances and payback the centerpiece of his presidential run. Will this strategy work? Two experts who study democracy look at others who have used these tactics.
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William Ortman, Wayne State University
Immunity deals may play a key role in the prosecution of former President Donald Trump.
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Peter A. Joy, Washington University in St Louis
Delaying a trial by filing various requests and questions to the court might mean that witness memories are not as fresh, among other potential benefits for criminal defendants.
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Jerry Kang, University of California, Los Angeles
In their lawsuits against affirmative action, Students For Fair Admission claimed to want to protect Asian Americans. A law professor explains why the Supreme Court ruling doesn’t achieve that goal.
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International
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Angguntari Ceria Sari, Universitas Katolik Parahyangan
As current chair of the regional body ASEAN, Indonesia is tasked with resolving a conflict that has killed thousands. Progress has been slow.
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Esther Brito Ruiz, American University School of International Service; Jeff Bachman, American University School of International Service
An analysis of over 1,000 headlines shows key differences in how US media portray the aggressors and victims in the two conflicts.
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