Specifics of Crime and Nuancing of Criminal Trial Process

PSCN 240 - Judicial Process, Finals

What is a crime?

a wrong committed against a person or society that is usually punishable by the state and carries with it the potential for incarceration

What are the categories of crime?

• conventional crimes

• economic crimes

• consensual crimes

• organized (syndicated) crimes

• political crimes

What are the elements of a crime?

• actus reus

• mens rea

• causal relationship

What is actus reus?

the physical criminal wrongdoing

What is mens rea?

having a guilty mind

What is a requirement of mens rea?

to have a general intent to commit an offense in order for there to be an offense

Do crimes need to have a result?

No

What is a causal relationship?

a legal theory between the two, depends on the crime

What is a conventional crime?

the wrong committed against a person and it can be also against society, but for the safety of the person

What is an example of conventional crimes?

reckless driving

The law is created to…..

protect individuals

What is an economic crime?

deals with money or property - not the physical wellbeing of a person

Is there a distinction between the state and federal levels at economic crimes?

Yes

What are some examples of personal economic crimes?

forgery, theft, and defrauding on taxes

What are some examples of consensual crimes?

• assisted suicide

• prostitution

• statutory rape

• illegal drug use

• mutual combat - fight club

What are some examples of organized crime?

mafia and prohibition (World War II)

What are the two aspects of organized crimes?

1. two or more people have agreed to commit an unlawful act, with at least two of those people not being an agent of the state

2. need to have some overt act to proceed

What are some examples of political crimes?

• treason

• assasination

• sedition

• insurrection

• espionage

What is the fancy name for jury selection and what does it mean?

voir dire - speak the truth

Who can serve on a jury?

any American citizen

What is the purpose of jury selection?

the opportunity for the parties to find a subset of people that will try to be fair and just to the parties before them

What is the caveat of jury selection?

also trying to find people that will be bias towards them

What is the general process of jury selection?

1. jury pool - 100 people

2. pannel - 100 people to 28 people

3. serve on the jury - 12 people

4. sworn in

What must people in the jury pool process do?

stand up and take an oath

How are the people on the pannel wittled down from 100 to 28?

through questioning

What are some examples of questions asked in the pannel portion of jury selection?

• do you know any of the people involved?

• how do you know them?

• physical disabilities?

• what do you think of this crime?

What must American citizens know in order to be on a jury?

English - english speaking system

What can pannel members do if they do not want to answer a question they are asked?

plead the 5th

How do you wittle people down from 28 to 12 in the jury selection process?

attorneys make challenges - challenges for cause and peremptory challenges/strikes

What is a challenge for cause?

allows attorneys to remove a potential juror for a specific, valid reason like bias or physical disabilities

What is a peremptory challenge?

allows attorneys to remove a potential juror without needing to provide a reason, only a specific amount of these (8)

What is Batson?

if one party has the belief that the other party is striking someone based upon their racial background

What is the procedure for Batson?

1. the peremptory strike is issued

2. batson challenge - why it was made on racist grounds

3. back to the person who made the strike - why their strike was race neutral

What happens when the jury is finally selected?

take another oath - won’t talk to anybody about the case or make up their mind about it

What happens during opening statements?

craft a narrative with facts, little evidence

What must the state’s CIC do?

meet the elements of the crime

How does the state during their CIC meet the elements of the crime?

direct examination and cross examination

What questions are asked at direct examination?

open questions

What questions are asked at cross examination?

leading questions

If the elements are not met within the state’s CIC, there can be a…

directed verdict

What does it mean when the prosecutor meets the bare minimum that is required to be proven at trial?

prima facie case

What does the defendants CIC need to do?

nothing - but it looks bad, did not tell their stiry

Why does the defendants CIC need to do nothing?

do not have the burden of proof and are assumed innocent until proven guilty