Some tips for acing this test Pay special attention to the highlighted portions Read this guide more than once in its entirety Do not waste time memorizing specific statistics or facts of a case unless they are marked The Death Penalty Deathrow is where people sentenced for death are waiting for execution Statistics of Death row you don t need to know the exact numbers Only 1 woman out 392 people on death row in Florida Only 2 people executed in Florida last year People are on deathrow for an average of 13 years do to Lethal injection is the most popular method of execution with appeals 35 states choosing it o However other methods include firing squad gas chamber electrocution and hanging Gardner in Utah chose in 2009 to die via a firing squad which is a very archaic method US Supreme court decisions Know this section in detail it s in the case of rape of a child to execute someone without due process Also ruled The US Supreme Court ruled that it was fundamentally unfair o Cannot execute someone for the crime of rape even if o Cannot execute someone who is insane o Cannot execute someone who was under the age of 16 when the crime was committed this was later changed to 18 in 2005 o Lethal injection is a constitutional method of the death penalty o Death penalty is reserved as punishment for 1st Degree murder Florida Death Penalty Statute 12 person jury is required for a death penalty case o They decide if the defendant was guilty of 1st degree o If the defendant is found guilty the jury advices for o Bifurcated Proceedings murder either the death penalty or life in prison without parole proceedings This section is tested in detail the idea of having two One for guilt or innocence Another for Death vs Life in prison without parole circumstances and mitigated circumstances The Jury makes a list of aggregated Aggregated Circumstances make case worse Be able to recognize these on the test o Two time loser defendant who has already been convicted of a serious crime and has now committed murder o The defendant has already caused the death of many people ex a bombing o The defendant has tried to escape justice o The murder was committed with money as a motive o The murder was committed while committing a crime against the government o The murder was specially heinous evil horrible o Cold blooded murder o Victim was a public official o Defendant is member of a gang o Some abbreviations really young or senior citizen CCP cold calculated manner premeditated and cruel HAC heinous atrocious Mitigated circumstances lessen the possibility of the death penalty but do not function as a defense be able to recognize these on the test o No significant history of crime o Under the influence of extreme o The victim was a willing mental hardship participant in the crime ex euthanasia o The defendant was only an accomplice o Defendant was under the duress or control of another person ex having a gun pointed to their head o Diminished capacity not fully functioning mentally but not insane o Age at the time of the crime o Remorse o Victim of child abuse o Military service o Community service the judge is able to reject the jury Jury override recommendation for sentencing o The jury s sentencing is only a recommendation the judge has full discretion for sentencing within the guidelines victim s family and friends talk Victim impact evidence about what the loosing the victim meant to them Capital Punishment death penalty In Florida o Death penalty cases take priority in the Florida Supreme o Procedure Court and receive automatic review within 2 years Either lethal injection or electrocution will be used to carry out the punishment Defendant must be notified prior to the Lethal injection is the default method execution of the method If electrocution is preferred by the defendant he or she must request it within 30 days CIVIL VS CRIMINAL LAW Civil Criminal deals with dispute resolution o Wrongdoing is against individual group o Plaintiff vs Defendant o Lawsuit is the proceeding for determining wrongdoing o Burden of Proof what it takes to prove guilt responsibility by preponderance of the evidence Preponderance meaning more likely than not o Issue Liability responsibility o Penalty o Wrongdoing is against society deals with crimes Wrongdoing is against society as a whole in addition to the wrong against the victim o State vs defendant State can also be referred to as the people or the commonwealth o Prosecution is the proceeding for determining o Burden of Proof what it takes to prove guilt beyond a Jurors must be beyond sure the defendant is guilty wrongdoing reasonable doubt Jurors in Florida receive an instruction on reasonable doubt This is intended to instruct the jurors on determining guilt or innocence using a standardized and fair method The original juror instruction was revised due to lack of clarity and lack of proper grammar A committee performed the revision Unfortunately this revised version was not adopted due to fear of appeals from previous cases this fact is def on test o Issue guilt or innocence o Penalty Fine Jail Death for guilt Purpose is deterrence against crimes Protection of society CRIMINAL LAW IN DETAIL Elements of a crime o Both mens rea and actus reus must be present in a crime Mens rea means criminal intent If you have committed the criminal act criminal intent is presumed Actus reus means criminal act Whether you performed the illegal activity Defenses in criminal cases o No mens rea meaning no criminal intent The defendant admits he she committed the act Types of no mens rea defenses but claims he she did not have criminal intent Insanity Defense this is considered an illness that prevents the defendant from having criminal intent If you are found innocent by the reason of insanity o A defendant may be involuntarily committed to a mental institution if he or she is a danger to himself or herself or others M Naghten rule right wrong test is applied to insanity defense cases o If a person due to mental disease or defect is incapable of distinguishing right from wrong at the time he she commits a criminal act that person is not criminally responsible Irresistible impulse if a person due to mental disease or defect has an uncontrollable urge to commit and does commit a criminal act that person is not criminally responsible o Best two examples of this Kleptomania irresistible urge to steal things Pyromania irresistible urge to light things on fire Andrea Yates case Know the
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