Introduction Flashcards

(13 cards)

1
Q

Can a non guilty verdict be appealed?

A

No

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2
Q

How is evidence looked at in Criminal appeals (only permitted by D)

A

evidence is looked in light most favorable to the prosecution

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3
Q

If no reasonable jury could have convicted a person based on evidence, then and only then is when an appellate court will reverse a decision based on the evidence

A

AKA Judgment as a matter of law
Judges will only do this if the verdict was completely erroneous based on the P not meeting their burden

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4
Q

If not objected during trail, what happens?

A

waive the right to appeal issue

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5
Q

Jury’s job

A

Authority to make determination from facts presented at trial
Question of facts

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6
Q

Judge’s Job

A

A judge cannot decide whether the verdict is right or wrong when a jury comes back
Question of law

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7
Q

The judge’s authority to reverse the conviction

A

Has the authority to reverse a conviction on grounds of insufficiency of evidence because this is a judgment as a matter of law
Since the P did not meet the threshold the statute required that would allow a rational juror to find D guilty

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8
Q

Utilitarianism

A

The principle of punishment is justified because good consequences outweigh the bad consequences

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9
Q

Deterrence

A

punishment should discourage people from committing crimes
General – make an example
Specific – preventing individual who has already committed a crime

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10
Q

Incapcapicatiation

A

physical removal from society so one cannot commit further crimes

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11
Q

Retribution

A

offenders should be punished because they deserve it for their wrongdoing

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12
Q

rehabilitation

A

the goal of punishment should be to reform and help offenders change their behavior so they can reintegrate into society

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13
Q

Roots of Crim Law

A

Mens Rea
Actus Rea
Causation

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