ELEMENTS
- What are elements
- Anyone know how to make a PB&J
- You need bread, peanutbutter, and jam
- No bread do you have a PB&J, no peanutbutter, no jam
PRESUMPTION OF INNOCENCE
- A fair trial entals presumption of innocence
- Anyone think I’m guilty of [crime]
- You assume I’m innocent
- Wouldn’t think I'm guilty unless you heard evidence
- Can you apply the same standard to [defendant]
- If you had to vote guilty or not guilty now, what's your verdict
BEYOND A REASONABLE DOUBT (BARD)
- Fair trial entails BARD
- BARD standard in a criminal case
- BARD highest legal standard decide/adjudicate a case
- Civil Preponderance more likely than not
- Is it fair to convict based on a proponderance - Termination of Parental Right – Clear and convincing
- Is it fair to convict based on a clear & convincing evidence - Criminal BARD highest standard decide case
- Only fair to convict based on BARD - Beyond Shadow of Doubt – not a legal standard
- Usually misquote
- Confuse anyone as to the Standard
GIVE MORE CREDIBILITY TO LEO
- Fair trial entails both side treated equally
- Not favoring one side over other
- Believe cops more because they're cops
- Believe the accused less because accused or associated with the accused
- Family, friends, acquaintances that are LEO
DEFENDANT NOT TESTIFYING
- The [Defendant] has a right not to testify
- Anyone hold that against him
- Anyone make an inference if he doesn't testify