10/11/12 10:43 AM 9/27/2012 Bifurcated Proceedings: two proceedings, the first is the trial (criminal) crux is guilt or innocence. If found guilty, second proceeding occurs with the same jury deciding whether life in prison without parole or death penalty (chemical cocktail). • Death law: deals with your assignment, if you choose to attend death penalty cases then you need to know this background material • Good illustration of the most serious kind of proceeding that goes before our courts in Florida Page 41 in Target Packet • (1): jury has to decide life in prison or death sentence • (2): advisory, the jury is giving a recommendation to the trial judge. If aggravating circumstances is the death sentence. Mitigating is leaning towards life in prison. o Aggravating: to make worse o Mitigating: soften the blow, sympathy • (3): permitting a jury override: judge can disagree with what they jury says, gives the opposite of their decision. In Florida, Judges override a jury 25% of the time to death when they recommend life • (4): review of judgment and sentence: if you are given the death sentence by the judge, that decision will automatically go up to the Supreme court even if your lawyer doesn’t appeal. District courts of appeal does not deal with capital cases. • (5): aggravating o (a): you have already been convicted of a serious crime: “two-time loser” o (b): you have already committed a capital felony o (c): you knowingly committed a crime that endangers a lot of people o (d): basically very serious crimes, that you were engaged in while committing the crime, we have no sympathy for you o (e): when committed the murder, you were trying to flee o (f): pecuniary: financial or monetary, crime of monetary gain. Example: kidnapping for ransom, then killing the child!2!o (g): hindering the government o (h): heinous: hatefully or shockingly evil. Murder was evil, like Ted Bundy mutilating their bodies o (i): cold-blooded murder: without any pretense of any moral justification o (j): capital felony was a law enforcement agent: cop killer o (k): killing public official doing his or her duties o (l): killing a child o (m): killing a person because of age, disability o (n): killing a gang member o (o): sexual predator • (6): mitigating o (a): no history of criminal activity o (b): under extreme mental or emotional disturbance o (c): euthanasia: mercy killing, asking somebody because you are in such horrible pain to end their life and they consent to it – it is still murder o (d): an accomplice, his position was relatively minor o (e): you feel like you cannot say no, acted under extreme distress, pressure with what they are saying o (f): diminished capacity: your capacity to understand that you are committing a horrible crime is lessened, you are not quite 100% so we can cut you some slack o (g): age of defendant at the time of the crime o (h): existence of any other factors in the persons background that would mitigate against death including remorse (being sorry renders sympathy), victim of child abuse, military service, and community service (value people who are put in harms way) C.C.P.: Cold, calculated manner, premeditated H.A.C.: heinous, atrocious, and cruel Article: Gary Michael Hilton convicted in Murder Case • Killed a Georgia Hiker and a Florida women • Convicted 60 year old of death penalty • He did not take the stand • He mutilated and decapitated her. Heinous, atrocious crime!3!• Jury made a 12-0 vote against him Article: Judge to weigh cop killer’s life; death • Jury recommended life in prison without parole • Killing a cop is aggravated assault although testified that he had brain damage, was addicted to coke and learning disabilities • Agreed with jury 10/02/12 Civil • 1. Wrong against individual/group • 2. Plaintiff v Defendant • 3. Lawsuit: name of proceeding • 4. Burden of Proof: by a preponderance (the greater weight) of the evidence o The plaintiff must prove his or her case by tipping the scales, for example 51 to 49. That’s the idea of the greater weight – the juror may not be completely sure, but if they have tipped the scales for evidence then the plaintiff wins • 5. Issue: Liability – are you responsible for the other persons injuries? • 6. Penalty: $ - how much do you have to pay? Criminal • 1. Wrong against society • 2. State v Defendant: state implies the society has been wronged, that the whole state has been hurt. o If federal case: United States of America v John Doe • 3. Prosecution: name of proceeding • 4. Burden of Proof: beyond reasonable doubt o Must prove guilt beyond a reasonable doubt. If you are not sure he is guilty than you should not find him guilty because the implications of this decision are that much greater • 5. Issue: Guilt/Innocence – you are guilty of a crime or innocent of a crime • 6. Penalty: fine, jail, death Page 33 – box at the bottom of the page!4!• English professors attacked this piece saying that it was a terrible way to describe what jurors were supposed to do in the case of beyond a reasonable doubt. Page 34 – box at top • People were elected to make the instructions better – it was much improved. Made everything clear and is easier to understand. Page 34 – bottom • Supreme Court said thank you for doing this, you did a great job • But they declined to adopt the instructions because the current one had been in use for many years • If they were to change it, you are telling us the old one was bad and the jury was convicting people when it didn’t have clear instructions to do so • Rather leave it alone than have the courts flooded with appeals Elements of a Crime • 1. Mens rea – criminal intent o The time the person committed the act, they also had the criminal intent to commit that act. o If a person commits a criminal act, the law assumes that you meant to commit that act o If you pulled the trigger, than you obviously meant to kill him, why else would you have pulled the trigger? o It is shown to be presumed o A presumption can be rebutted – just because we presume they committed the crime, doesn’t mean that they did • 2. Actus reus – criminal act o Much easier to prove, sometimes have eye witnesses, or taped evidence • Both must be present at the time of the conviction, if not you don’t have enough proof • Lawyers are not judges,
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