ADMJ 103 Lecture Notes - Lecture 1: Statutory Law, Sixth Amendment To The United States Constitution, Jury Trial
Document Summary
Criminal law is a process; rules guide it. Public condemnation distinguishes criminal law from civil law. Statutory law and judicial interpretation (common law) Jury trial for criminal charges w/ punishment greater than 6 months (sullivan v. louisiana 1993) 12 members in federal and most state juries but as few as 6 may be ok (williams v. florida l970) Voir dire -- questioning the jury prior to selection. Challenge for cause: dismissed for demonstrate personality. Peremptory challenges: challenges not based on cause. Allows attorneys to throw out jurors they believe biased. State must persuade the fact finder beyond a reasonable doubt of every fact necessary to constitute the crime charged. (winship l970) Others may apply: whether a reasonable mind might fairly conclude brd that the defendant is guilty. *** owens: failure to meet bop (drunk guy in car in driveway) Factfinder never gets case unless there"s enough evidence.