VOIR DIRE

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VOIR DIRE

ELEMENTS

  1. What are elements

  2. Anyone know how to make a PB&J

  3. You need bread, peanutbutter, and jam

  4. No bread do you have a PB&J, no peanutbutter, no jam

PRESUMPTION OF INNOCENCE

  1. A fair trial entals presumption of innocence

  2. Anyone think I’m guilty of [crime]

  3. You assume I’m innocent

  4. Wouldn’t think I'm guilty unless you heard evidence

  5. Can you apply the same standard to [defendant]

  6. If you had to vote guilty or not guilty now, what's your verdict

BEYOND A REASONABLE DOUBT (BARD)

  1. Fair trial entails BARD

  2. BARD standard in a criminal case

  3. BARD highest legal standard decide/adjudicate a case

  4. Civil Preponderance more likely than not
    - Is it fair to convict based on a proponderance

  5. Termination of Parental Right – Clear and convincing
    - Is it fair to convict based on a clear & convincing evidence

  6. Criminal BARD highest standard decide case
    - Only fair to convict based on BARD

  7. Beyond Shadow of Doubt – not a legal standard

  8. Usually misquote

  9. Confuse anyone as to the Standard

GIVE MORE CREDIBILITY TO LEO

  1. Fair trial entails both side treated equally

  2. Not favoring one side over other

  3. Believe cops more because they're cops

  4. Believe the accused less because accused or associated with the accused

  5. Family, friends, acquaintances that are LEO

DEFENDANT NOT TESTIFYING

  1. The [Defendant] has a right not to testify

  2. Anyone hold that against him

  3. Anyone make an inference if he doesn't testify

Blog Archive

Aaron Baghdadi

Criminal Defense Attorney
Public Defender's Office
18th Judicial Circuit
Sanford, Florida

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Aaron Baghdadi