Rights and Wrong Flashcards
Prohibitions
what a person must not do as a member of society (ex: murder)
affirmative requirements
what a person must do as a member of society (ex: file taxes)
criminal
an act that is a product of state enforecement of harm
who determines what is criminal?
legislative branch
who determines why it’s criminal?
judicial branch
writ of certiorari
a request for the USSC to review a case from a lower ct
moral certainty
The jury must be satisfied beyond a reasonable doubt as regards the guilt of the accused before they can find a verdict of guilty. if not, then they cannot convict.
firmly convicted
based on evidence presented, you must find guilt. if there’s a real possibility that you cannot find guilt, then you cannot convict
no waiver or vacilation
if both sides could happen in a fact pattern, you cannot convict. you cannot say you find for a side beyond a reasonable doubt
no real doubt
not all reasonable doubt has been excluded from the evidence presented, so you cannot convict
peremptory cause
objection to a particular juror without a cause needed
for-cause excuse
a juror cannot render a fair or impartial judgement, so they must be excused
people v. owens
F: ∆ found in a driveway in his car. car running with lights on but address did not match the license
Q: whether there was an error in rendering a drunk driving verdict in the lower ct
A: yes, this is a jury question
Why: they couldn’t prove all 3 elements beyond a reasonable doubt and the lower ct didn’t distinguish between operating and driving. too many questions remaining