Introduction Flashcards
(13 cards)
Can a non guilty verdict be appealed?
No
How is evidence looked at in Criminal appeals (only permitted by D)
evidence is looked in light most favorable to the prosecution
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
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
If not objected during trail, what happens?
waive the right to appeal issue
Jury’s job
Authority to make determination from facts presented at trial
Question of facts
Judge’s Job
A judge cannot decide whether the verdict is right or wrong when a jury comes back
Question of law
The judge’s authority to reverse the conviction
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
Utilitarianism
The principle of punishment is justified because good consequences outweigh the bad consequences
Deterrence
punishment should discourage people from committing crimes
General – make an example
Specific – preventing individual who has already committed a crime
Incapcapicatiation
physical removal from society so one cannot commit further crimes
Retribution
offenders should be punished because they deserve it for their wrongdoing
rehabilitation
the goal of punishment should be to reform and help offenders change their behavior so they can reintegrate into society
Roots of Crim Law
Mens Rea
Actus Rea
Causation