General Info. of Crim. Law Flashcards
Criminal Law
General directions and commands telling people what they can or cannot do
Imposes sanctions: fines, imprisonment, death, creative alternative punishment
Crime
conduct which will incur a formal and solemn pronouncement of the moral condemnation of the community ā> stigmatizing
Presumption of Innocence
state must present evidence to overcome Dās constitutional presumption of innocence
Standard of Proof
Specifically Beyond a reasonable doubt, subjective state of mind of near certitude of guilt
Proof of Guilt at Trial
- Proof Beyond a Reasonable Doubt
- Legal Sufficiency
- Presumption of Innocence
Proof Beyond a Reasonable Doubt
a. Have to prove each element of the crime
b. To say they are guilty beyond a reasonable doubt
c. Burden on the prosecution
Legal Sufficiency
a. Whether the rational trier of fact would have rationally/reasonably reached the result that they did
i. Standard of Proof at the Appellate Level
ii. Harder on the Defense
Presumption of Innocence
Theory: conviction cannot be based on circumstantial evidence alone
I. Exception: Unless the circumstantial evidence is inconsistent with a reasonable hypothesis of innocence
Direct Evidence
directly proves a fact without inference or presumption
Circumstantial Evidence
Evidence based on inference, not on personal knowledge or observation; tends to prove a fact by provision other events/ circumstances which afford basis for reasonable inference
a. Inference
b. Permissive Inference
c. Presumption
Inference
conclusion reached by considering facts and deducing logical consequences
Permissive Inference
Inference of trier-of-facts is free to accept/reject from given sets of fact
Presumption
legal assumption of fact exists based on known/proven existence of fact
