Question: Consider a case in which a defendant is arrested for trying to buy cocaine. He found a dealer and offered to trade a gun for
Consider a case in which a defendant is arrested for trying to buy cocaine. He found a dealer and offered to trade a gun for a couple of ounces of the drug and the dealer accepted. The defendant was arrested and is now being prosecuted under a statute that gives many years of prison to anyone who uses a firearm in relation to a drug trafficking offence. The judge on the case is tasked with determining whether the statute in question actually covers the case. In other words, did the defendant use a firearm when offering to trade a gun for drugs, or is a firearm used only when employed as a weapon? In rendering a decision on the applicability of the statute to the present case, the judge must consider whether the statute applies to the case:
Group of answer choices
beyond a preponderance of the evidence
none of the other answer options
beyond any reasonable doubt
beyond any possibility of doubt
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