Intro To Crim Law Flashcards
Definition of CRIME
conduct which, if duly shown to have taken place, will incur formal and solemn pronouncement of the moral condemnation of the community (it must be codified in a statute as such, to give fair notice)
BURDEN OF PROOF:
1. Due Process requires that the prosecutor persuade the fact finder:
a. Beyond a reasonable doubt
b. Of every material element necessary to constitute the crime charged
Burden of proof is always on:
The prosecutor; burden never shifts to the defendant
In Re Winship- must prove each element of crime charged.
What is the Presumption of Innocence?
better that 10 guilty go free than 1 innocent end up in jail
•Harlan- It is a fundamental value that it is worse to convict an innocent man than let a guilty man go free. Blackstone goes to an ever further extreme- Better to let 10 guilty men go free than let one innocent man suffer. The justice system basically stands by the fact that we value freedom more, and not as much on the guilt.
Can a Person be convicted on circumstantial evidence alone?
Yes; circumstantial evidence can be inferred.
Prosecution doesn’t have to foreclose (disprove) all innocence hypotheticals, prosecution need only prove beyond a reasonable doubt its theory of guilt – does not have to disprove ∆s theories of innocence.
▪ Owens v. State- Court held it was a reasonable inference that person had DWI because the person was in the driveway, car running, no radio, empty beer bottles in back.
Definition of Jury Nullification:
In the face of overwhelming guilt, a jury acquits the ∆ instead of finding guilt.
Is jury nullification a power or a right?
Jury nullification is a POWER; not a right that people are entitled to.
Because jurors do not have the right to nullify, a ∆ is not entitled to have the jury instructed that it may nullify the law if it chooses to do so.
- State v. Ragland.
What is the Principle of Legality?
Legality – There is no criminal liability unless conduct is defined as criminal in a statute.
Any ambiguity/doubt as to a statute will be rendered in favor of the accused/∆.
MPC 1.05 (1)- no criminal liability unless conduct is defined by statute as criminal.
Canna v. Baker- Person dresses up corpse as if still living to collect remaining welfare check balance. No punishment in statute at that time aside from abuse of corpse (no welfare fraud statute). Couldn’t be held under anything else.
