Reference no: EM133332755

DISCUSSION

In a criminal trial, the prosecution presents its case, consisting of witnesses, physical evidence, and documents. The defense has the right to cross-examine each prosecution witness. The prosecution has the burden of proving the defendant guilty beyond a reasonable doubt.

You are a juror in a case involving the misdemeanor of shoplifting. The prosecution calls the store owner as its only witness. The owner testifies that he saw the defendant put two designer sunglasses (worth $300 each) in her bag before leaving the store without paying. The prosecution also presents grainy video footage that shows the defendant was in the store on the day that the alleged shoplifting took place. There is no other evidence presented by the prosecution.

The defense calls the friend of the defendant who testifies that he did not see the defendant put anything from the store in her bag. Further, he testifies that the defendant has plenty of money to pay for something like the sunglasses. On cross-examination from the prosecutor, the friend admits that he had been convicted for a DUI eight months ago. The defendant does not testify.

QUESTION

1. Define the standard of proof beyond a reasonable doubt. Indicate this standard requires a 50%, 75%, or 90%. chance of guilt.

2. As the juror, would you vote guilty? Explain why or why not by using what you understand about the facts the presented, the standard of proof, and your own sense of justice.

3. Would most police violations of the Fourth Amendment relate to substantive law or procedural law. Define each of these three concepts as part of your answer.

4. Describe two differences between criminal law and civil law.