Question: Please provide a thoughtful explanation for each question. Should a trial court conduct a pretrial evidentiary hearing and resolve issues of fact when ruling on
Please provide a thoughtful explanation for each question.
- Should a trial court conduct a pretrial evidentiary hearing and resolve issues of fact when ruling on a motion to dismiss asserting statutory immunity from criminal prosecution pursuant to Florida's "Stand Your Ground" statute? Explain in detail
- Explain the elements of attempt and the four tests used for the overt act element. The four elements of attempt are: 1. a specific intent to commit a crime, 2. an overt act toward its commission, the apparent possibility of commission and, 4. failure of consumption. The 4 test used in overt act element are: 1. any act, 2. substantial step, 3. act beyond preparation, 4. all but the last step. Explain each!
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