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Johnson_RF-Ordinances-paper-final-1-26-18.pdf
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🔗 Source: texascityattorneys.org
📊 Size: 307 KB
👤 Author: David Johnson (City Attorney's Office)
⬇️ Downloads: 195

Summary

City attorneys can diminish enforcement and prosecution challenges by careful drafting of ordinances, considering suggestions such as drafting affirmative defenses instead of exceptions, clearly labeling affirmative defenses, defenses, and exceptions, and avoiding ordinance cross-references and state law provisions. Drafting affirmative defenses instead of exceptions can alleviate the burden on prosecutors, as defendants must prove affirmative defenses by a preponderance of the evidence, whereas prosecutors must prove exceptions beyond a reasonable doubt. Clearly labeling affirmative defenses, defenses, and exceptions can avoid confusion and uncertainty in interpretation.

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City attorneys can diminish enforcement and prosecution challenges by careful drafting of ordinances, considering suggestions such as drafting affirmative...

Technical Information

  • File Format: PDF
  • File Size: 307 KB
  • Pages: 9
  • Language: EN
  • Author: David Johnson (City Attorney's Office)
  • Total Downloads: 195
  • Last Updated: 10 hours ago

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