Chapter 10 31-41
First Amendment
Amendment to the U.S. Constitution.
Guarantees freedoms of:
Speech
Religion
Press
Assembly
Right to petition government for grievances.
Standards of Proof in Legal Context
Proof Beyond a Reasonable Doubt
Standard of proof required in criminal cases.
Evidence must convincingly demonstrate defendant's guilt without leaving reasonable doubt.
Essential to reducing risks of wrongful convictions; presumes innocence until proven guilty.
Preponderance of the Evidence
Standard of proof in civil cases.
More than half of the evidence must support one side’s allegations.
Importance of Proof Beyond a Reasonable Doubt
Established to protect rights during the criminal justice process.
Reinforced by 20th-century U.S. Supreme Court decisions; regarded as a due process and constitutional requirement.
Different from civil standards, which only require a preponderance of evidence.
Evidentiary Standards of Proof
Category | Definition | Ruling |
---|---|---|
Absolute certainty | 100% certainty, no possibility of error. | Not used in civil or criminal law. |
Beyond a reasonable doubt | Conclusive proof of guilt; any possibility of innocence favors the defendant. | Criminal trial. |
Clear and convincing | Evidence that is prevailing and persuasive to the trier of fact. | Civil commitments, insanity defense evidence. |
Preponderance of evidence | Greater weight of evidence; more convincing than the opposition. | Civil trial. |
Probable cause | Sufficient facts warranting belief a crime has been committed. | Arrests, preliminary hearings. |
Reasonable suspicion | Rational belief that facts warrant investigation, less than probable cause. | Police investigations. |
Less than probable cause | Mere suspicion of criminal activity. | Prudent police investigations to ensure safety. |
The Trial Process
Conducted in a formal manner, following specific rules of criminal law, procedure, and evidence.
Involves an adversarial process where both prosecution and defense present their case.
Prosecution must establish guilt beyond a reasonable doubt; defense can challenge evidence.
Jury Selection
Jurors are selected randomly from licensing or voter registration lists.
Process known as voir dire:
Potential jurors are questioned about biases and knowledge of the case.
Can be dismissed for cause (bias) or by peremptory challenge (no reason given).
Challenges in Jury Selection
Racial bias criticized, particularly via peremptory challenges. Upheld in Batson v. Kentucky.
Importance of impartial jurors amid the influence of media.
Trial Phases
Jury Selection: Challenge jurors for bias, finalize jury.
Opening Statements: Overview of cases presented by prosecution and defense.
Presentation of Evidence:
Direct and cross-examinations of witnesses.
Types of evidence: testimonial, real, documentary, circumstantial.
Closing Arguments: Review of case facts aimed at persuading the jury.
Jury Deliberations: Jurors discuss and decide on a verdict.
Sentencing: If guilty, the judge proceeds with appropriate sentencing per statutory guidelines.
Appeal Process
Defendants can appeal on procedural grounds if legal errors occurred during the trial.
The right to appeal generally secured; direct appeals are guaranteed.
Writ of Habeas Corpus allows for judicial review of detention.
Significant Cases Affecting the Trial Process
Case | Issue | Decision |
---|---|---|
Baldwin v. New York | Right to a jury trial | Constitutional right to a jury trial for prison sentences > 6 mo. |
Batson v. Kentucky | Peremptory challenges | Racial exclusion in jury selection unconstitutional. |
Gideon v. Wainwright | Right to counsel | Right to counsel applies to state courts. |
Faretta v. California | Waiver of right to counsel | Defendants can represent themselves (pro se defense). |
Melendez-Diaz v. Massachusetts | Forensic evidence | State lab reports are testimonial evidence; confrontation rights apply. |