CJUS P300 1st Edition Lecture 2 Outline of Last Lecture 1. Syllabus Review2. Origin of law3. American law and documents4. Prosecutor and the justice systema. Definition of justice 5. Branches of gov’ta. Where the prosecutor falls within the gov’tOutline of Current Lecture 1. Review branches of gov’t2. Different names for prosecutors3. Main responsibilities of a prosecutor4. Interaction between prosecutors and constitutions5. Reasonable doubta. What is reasonable doubt?b. What is reasonable?6. Criminal v. Civil CasesCurrent LectureNote: These notes were taken via hand as computers were not allowed in class up until the 3rdlecture therefore they are not as extensive as future lectures. 1. Review of branches of gov’ta. Legislative branch makes the lawsb. Executive branch enforces the lawsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.i. Prosecutor is part of the executive branch of gov’tii. Within the state, the governor is like the presidentc. Judicial branch interprets the laws2. Title of Prosecutorsa. Federal Prosecutors are called District Attorneysi. They are responsible for certain “districts” of the USb. State Prosecutors can be called just “Prosecutors” or District Attornys (DA)i. They are responsible for certain areas within the state they are prosecutorsii. Typically this area is a county3. Responsibilities of a Prosecutora. Prosecutor is charged with:i. Charging someone with a crimeii. Making sure the defendant is aware of their crimeiii. Starting the process for the chargesb. Prosecutors are charged with bringing justice to those who have violated the laws4. Constitutions and Prosecutorsa. When you are a state prosecutor, you take an oath to uphold both the US and State Constitution i. State constitutions can afford you more rights, they cannot take away rightsii. For example: states can grant you the right to marry whomever you choose (gay marriage), but cannot take away your right to marry in generalb. US Supreme Court rulings set precedence for state laws and, at times, constitutionsi. States pay special attention to US Supreme Court rulings on search and seizure cases5. Reasonable Doubta. Beyond a reasonable doubt is not beyond all possible doubt but beyond a “reasonable” doubtb. What is reasonable doubt?c. Cookie Jar Example:i. You hear a crash in the kitchen and when you go to investigate you find two kids surrounding a cookie jar. Can you tell beyond a reasonable doubtwhich one is guilty? No. Now say that one of them has cookie crumbs on his face. Can you tell beyond a reasonable doubt that he’s guilty? No, but you’re getting closer. Now say that you know the child who does not have cookie crumbs on his face hates cookies. You’re getting closer yet. Now say that you find the fingerprints of the child who has cookie crumbs onhis face on the cookie jar. You can determine reasonably that that child is most likely guilty.ii. You hear a crash in the kitchen and find one child in front of a cookie jar. The child says that Spiderman came into the kitchen through the window and grabbed the cookie jar then accidentally let it go. Can you tell, beyond a reasonable doubt, that the child is guilty? Yes. It is not reasonable that Spiderman would come into the kitchen.d. “Reasonable” has a different definition for everyonee. As a prosecutor, you should be concerned with proving reasonable doubt from the beginning of a case6. Criminal v. Civil Casea. Civil cases are private v. privatei. Remedy is usually moneyii. Standard of proof is preponderance of evidence1. Scales (of justice) start even and evidence shifts them one way or the otherb. Criminal case is state (gov’t) v. individuali. The remedy is loss of liberty (usually jail time)ii. Burden of proof is beyond a reasonable doubt1. Because liberty is loss the burden of proof for a prosecutor is much higher in a criminal