Criminal Law
I. Chapter 1: Introduction: Setting the Stage
a. Proof of Guilt at Trial
1. Proof Beyond a Reasonable Doubt
a. State must prove every element of the crime beyond a reasonable doubt
b. SC uses the “Firmly Convinced Standard”
2. Enforcing the Presumption of Innocence
a. Owens v. State (∆ found in parked, running car with empty beer cans)
i. No person can be convicted by circumstantial evidence alone unless the circumstances are inconsistent with any reasonable theory of innocence
ii. Burden of proof shifts upon appeal. Only considering whether the evidence was sufficient to convict.
iii. After a conviction, must presume that the trier of fact resolved any such conflicts in favor of the prosecution and must defer to that resolution.
3. Jury Nullification
a. Jury Nullification (conscience of the community)- when a jury ignores the facts and the judge’s instructions on the law and then acquits the defendant
i. State v. Ragland- defendant appealed, saying use of the words “must convict” denied the right to jury nullification
o Court rules a defendant does not have the right to jury nullification.
§ It is an unfortunate power that should not be advertised
§ It should be limited to the extent of constitutional power
ii. Benefits of nullification:
o Jury should be able to acquit defendant because it has no sympathy for the government’s position, under the constitution
o It helps avoid judicial tyranny, which will prevent oppression by the Government
o Historical roots (jury rights—jury is the conscience of the community)
o Democratic domination in race-based jury nullification- minorities do not have a say
o Symbolic role of black jurors- symbolize impartiality and fairness in the law
iii. Counterarguments
o The practice has destructive potential (race cases)
o Juries should not be making cost-benefit analyses
II.
anism, you could possibly, theoretically, justify punishing an innocent person
Argument that the real deterrent of crime would be a higher certainty of capture versus a harsher punishment
Forward looking
a. Proportionality of Punishment
1. Constitutional Principles
a. Coker v. Georgia ( ∆ escaped prison and raped victim; prior murder/rape convictions)
i. Death penalty is not to be used for minor crimes
ii. Applying the death penalty to cases of rape is cruel and unusual because it is a disproportionate penalty for the crime
iii. Death penalty can only be applied to the exact crime at hand, could not consider his past crimes
Eighth Amendment – a punishment is cruel and unusual if:
