Prosecution and Defense in Law

• Prosecution is the side that brings a case against someone.
• In criminal law, the prosecution brings a person to trial on criminal charges.
• The government (state, people, U.S., etc.) brings charges, not individuals.
• In this case, the Republic of Rome will be the prosecution.
• Private individuals cannot prosecute a criminal case.

Defense Side

• The defendant is the person charged with a crime.
• The defense represents the defendant and disputes the charges.
• Brutus is the defendant in this scenario.
• Defense attorneys must represent their client zealously, even if they believe the client is guilty.
• Prosecutors must seek justice and not prosecute someone they believe is innocent.

Definition of Crime

• A crime is an act or failure to act that violates a law, with a penalty set by the government.
• Each essential element of a crime must be proven beyond a reasonable doubt.

Felony vs. Misdemeanor

• A felony is a serious crime punishable by over a year in prison (e.g., arson, murder, kidnapping).
• A misdemeanor is a less serious crime punishable by a year or less in prison, or a fine.
• These terms are generally defined by statutes.

Homicide Term

• Homicide is the killing of one human being by another, whether criminal or not.
• Not all homicides are crimes.
• Examples of "legal" homicide: soldiers in wartime, police officers lawfully doing their jobs, self-defense.
• Homicide is a key element of murder or manslaughter.

Murder Details

• Murder is the unlawful killing of a human being with malice aforethought.
• Manslaughter is the unlawful killing of a human being without malice.

Malice Aforethought

• The required mental state for murder, including:
  • Intent to kill
  • Intent to inflict serious bodily harm
  • Extreme recklessness towards human life
  • Intent to commit a dangerous felony (felony-murder)

Justification and Necessity

• Justification is a defense when the law doesn't seek to prevent an action.
• Necessity is a justification defense for actions in an emergency not created by the person, where the harm committed is less than what would have occurred otherwise.

Affirmative Defense

• An affirmative defense is a defendant's assertion of facts that, if true, defeat the prosecution's claim.
• The defendant bears the burden of proving the affirmative defense.

Stipulation and Exhibit

• A stipulation is an agreed-upon factual situation or exhibit.
• An exhibit is physical evidence offered as evidence (e.g., clothing, maps, diagrams).

Presumption of Innocence

• In a criminal trial, the defendant is presumed innocent until proven guilty.
• The prosecution must prove guilt beyond a reasonable doubt.
• The defendant has no obligations unless presenting an affirmative defense.

Reasonable Doubt Standard

• The standard of belief a jury must have to convict.
• It does not need to be absolute certainty.

Criminal Intent

• "Mens Rea" is Latin for "guilty mind."
• Criminal intent involves committing a forbidden act without justification, excuse, or defense.
• It's the intent to commit the act, not necessarily the intent to commit a crime.

Jury vs Judge

• The jury decides the facts of the case.
• The judge presides over the trial and decides the law.
• The judge makes legal rulings on objections and admissibility of evidence.

Opening Statement

• Opening statements are made by the prosecution and defense at the trial's start.
• The defense may wait until the start of their case to give their opening statement.
• The statement tells the jury what the attorney hopes to prove.
• It is not evidence, and attorneys cannot argue their case during opening statements.

Direct and Cross Examination

• Direct examination is the questioning of a witness by the attorney who called them.
• Cross-examination follows direct examination and is conducted by the opposing side.
• Impeachment is a form of cross-examination.
• The purpose of impeachment: Discrediting testimony to suggest that it is less probable to be true comparing to result of direct examination.
• It can discredit the witness, their testimony, or their conduct.

Re-Direct Examination

• After cross-examination, the direct examiner may ask follow-up questions to clarify matters raised during cross-examination.

Closing Argument and Rebuttal

• Closing arguments are summations by each side to the jury at the trial's end.
• Rebuttal is the prosecution's response to the defense's closing argument.

Objection Definition

• An objection is how an attorney informs the judge that they believe a question, response, or piece of evidence should not be presented to the jury.

Reasonable Inference in Mock Trials

• In mock trials, witnesses can only testify to the facts given or what can be reasonably inferred from those facts.
• This only applies in mock trials, not real trials.