Thursday, March 29, 2012
Room Creativity
For my two hour room creativity I plan on making it look like a prison I want the entire room covered with black table cloth with bars on top. I also want cases up on the walls that of course involve first-degree murder, handcuffs as well hanging up throughout the entire classroom. In my mind the room should make you feel as if you were in “prison”. I want the room to have a feeling of “OMG”. For as far as the seating arraignments I was thinking of having everyone sit individual in rows. For answer 1 and 2 activities I don’t necessarily have activities planned out yet for each one, but for an activity that I would love to do with the classroom is a Mock trial.
Research check #14
2. Breathe some life into the defensive concept of reasonable doubt:
"rope a dope" another way of describing the reasonable doubt defense.
-prosecution can be required to disprove a defense/ the burden of persuasion on the defensive issue can be placed on the accused.
-burden of production refers to the requirement that a party product a certain amount of evidence in order to have the issue submitted to the trier of fact.
-burden of persuasion is expressed in a given degree of doubt: proof beyond a reasonable doubt, clear and convincing evidence, & preponderance of the evidence.
- when the fact finder is not convinced, the issue must be decided in favor of the opposing party.
-proof beyond a reasonable doubt: was thought to be the fundamental as the standard of proof in criminal cases.
- use to be that the criminal conviction had to be based on proof beyond a reasonable doubt & that the same standard applied in delinquency proceedings
- most jury trials end in conviction, & the number of overwhelming number of guilty pleas could mean that a huge percentage of defendants are confident that the prosecutors can prove guilt beyond a reasonable doubt.
- case laws do not allow arguments that seek to quantify proof beyond a reasonable doubt by putting a specific number or percentage on it.
- the analogies the prosecutors and defenders use are poster boards, PowerPoint visuals, diagram of a football field with the end zone being proof beyond a reasonable doubt, etc. (of the arguments try to quantify reasonable doubt in numbers, statistics or percentages, the argument will be objectionable in most courts.)
- to emerge victorious at the jury trial, the defense advocate must have a palatable theory of the case.
"rope a dope" another way of describing the reasonable doubt defense.
-prosecution can be required to disprove a defense/ the burden of persuasion on the defensive issue can be placed on the accused.
-burden of production refers to the requirement that a party product a certain amount of evidence in order to have the issue submitted to the trier of fact.
-burden of persuasion is expressed in a given degree of doubt: proof beyond a reasonable doubt, clear and convincing evidence, & preponderance of the evidence.
- when the fact finder is not convinced, the issue must be decided in favor of the opposing party.
-proof beyond a reasonable doubt: was thought to be the fundamental as the standard of proof in criminal cases.
- use to be that the criminal conviction had to be based on proof beyond a reasonable doubt & that the same standard applied in delinquency proceedings
- most jury trials end in conviction, & the number of overwhelming number of guilty pleas could mean that a huge percentage of defendants are confident that the prosecutors can prove guilt beyond a reasonable doubt.
- case laws do not allow arguments that seek to quantify proof beyond a reasonable doubt by putting a specific number or percentage on it.
- the analogies the prosecutors and defenders use are poster boards, PowerPoint visuals, diagram of a football field with the end zone being proof beyond a reasonable doubt, etc. (of the arguments try to quantify reasonable doubt in numbers, statistics or percentages, the argument will be objectionable in most courts.)
- to emerge victorious at the jury trial, the defense advocate must have a palatable theory of the case.
Friday, March 16, 2012
Research check 18
Murder Trial begins in South Pomona killing:
Louis Wilson could face 50 years to life in prison if convicted of first degree murder for the shooting death of MIchael McKee.
McKee's girlfriend rejected Wilson's repeated sexual advances the day of the killing, wilson believed Mcklee had molested their mutual friends daughter.
In the hours after McKlee was killed, Wilson reportedly washed himself and his clothes with bleach, he then confessed to the killing and asked a woman to help him "craft in alibi".
Defense attorney Steve Urias, said Wilson has been misidentified as Mcklee's killer and called the prosecution's evidence circumstantial.
31 people on the prosecution's witness list, and not one person saw the shooting firsthand.
According to Finneran's testimony, wilson walked into the bathroom while she was showering, pulled back the shower curtain and exposed her naked body, while demanding her to have sex with him. (Julie Finneran's was a friend)
Finneran rejected his sexual advances, later the woman told McKee about Wilson's sexual advances towards her.
Mcklee was shot three times in the head, and once in the neck, shoulder and back.
Mcklee "killer" was sitting in the passenger seat of Mcklee's car during the shooting.
Nohemi Sturgulewski (woman who lived in the same trailers)testified that she saw Wilson in the bathroom cleaning himself and his clothes withv bleach.
The two had met for the first time that day, Wilson told Sturgulewski he needed her to be his alibi.
Louis Wilson could face 50 years to life in prison if convicted of first degree murder for the shooting death of MIchael McKee.
McKee's girlfriend rejected Wilson's repeated sexual advances the day of the killing, wilson believed Mcklee had molested their mutual friends daughter.
In the hours after McKlee was killed, Wilson reportedly washed himself and his clothes with bleach, he then confessed to the killing and asked a woman to help him "craft in alibi".
Defense attorney Steve Urias, said Wilson has been misidentified as Mcklee's killer and called the prosecution's evidence circumstantial.
31 people on the prosecution's witness list, and not one person saw the shooting firsthand.
According to Finneran's testimony, wilson walked into the bathroom while she was showering, pulled back the shower curtain and exposed her naked body, while demanding her to have sex with him. (Julie Finneran's was a friend)
Finneran rejected his sexual advances, later the woman told McKee about Wilson's sexual advances towards her.
Mcklee was shot three times in the head, and once in the neck, shoulder and back.
Mcklee "killer" was sitting in the passenger seat of Mcklee's car during the shooting.
Nohemi Sturgulewski (woman who lived in the same trailers)testified that she saw Wilson in the bathroom cleaning himself and his clothes withv bleach.
The two had met for the first time that day, Wilson told Sturgulewski he needed her to be his alibi.
Thursday, March 15, 2012
Answer 2
EQ: What is most important to winning a criminal case?
Answer 2: Flurry of Motions-AVOIDING THE ANSWER: motions to dismiss and motions to strike
Evidence: Motion to dismiss murder case against Christian Fernandez denied.
"Jason Lee Keiper is to stand trial on open murder charges for allegedly killing his step-grandfather with a hammer. Keiper’s attorney, David Gilbert, filed motions to dismiss the murder trial on the grounds the Barry County Prosecutor’s Office is filing required information late or not at all."
sentencing set, motion denied in murder case.
Source: According to Jeffrey W. Jensen, John T. Hall, David Gilbert
Answer 2: Flurry of Motions-AVOIDING THE ANSWER: motions to dismiss and motions to strike
Evidence: Motion to dismiss murder case against Christian Fernandez denied.
"Jason Lee Keiper is to stand trial on open murder charges for allegedly killing his step-grandfather with a hammer. Keiper’s attorney, David Gilbert, filed motions to dismiss the murder trial on the grounds the Barry County Prosecutor’s Office is filing required information late or not at all."
sentencing set, motion denied in murder case.
Source: According to Jeffrey W. Jensen, John T. Hall, David Gilbert
Tuesday, March 6, 2012
The product
For my product, I'm leaning on two of different ideas:
1) The Privilege to be able to sit in a trial with Antonio. I cannot just walk in trial with Antonio, he has to ask for permission from the judge and sheriff if I could sit inside and watch the trial. The first time I had went to trail with Antonio he had asked the sheriff and the judge, which they hesitated and sort of said no but once Antonio explained what I was doing for my senior project they agreed to let me sit inside. Now I am more than welcomed to sit inside with Antonio and watch the trial.
2) The connection I have with different attorneys and judges. I have met several of different prosecutors, judges, and attorneys. They always ask who I am when I'm with Antonio and of course I introduce myself and explain what I'm doing for my senior project. They always seem very interested and tell me if I ever have any questions or help with anything they are more than welcome to help me. I like to be able to know that I can ask for help from other people other than Antonio.
1) The Privilege to be able to sit in a trial with Antonio. I cannot just walk in trial with Antonio, he has to ask for permission from the judge and sheriff if I could sit inside and watch the trial. The first time I had went to trail with Antonio he had asked the sheriff and the judge, which they hesitated and sort of said no but once Antonio explained what I was doing for my senior project they agreed to let me sit inside. Now I am more than welcomed to sit inside with Antonio and watch the trial.
2) The connection I have with different attorneys and judges. I have met several of different prosecutors, judges, and attorneys. They always ask who I am when I'm with Antonio and of course I introduce myself and explain what I'm doing for my senior project. They always seem very interested and tell me if I ever have any questions or help with anything they are more than welcome to help me. I like to be able to know that I can ask for help from other people other than Antonio.
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