JV

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

  1. Jury Selection: Challenge jurors for bias, finalize jury.

  2. Opening Statements: Overview of cases presented by prosecution and defense.

  3. Presentation of Evidence:

    • Direct and cross-examinations of witnesses.

    • Types of evidence: testimonial, real, documentary, circumstantial.

  4. Closing Arguments: Review of case facts aimed at persuading the jury.

  5. Jury Deliberations: Jurors discuss and decide on a verdict.

  6. 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.