Prosecution, Defense and Crime

• These notes cover key legal concepts and procedures relevant to a trial.

Prosecution and Defense

• Prosecution refers to the side bringing a case against another party.
• In criminal law, the prosecution is the side bringing a person to trial on criminal charges.
• The government, state, or people (e.g., Republic of Rome) brings criminal charges, not private individuals.
• Private individuals cannot prosecute a criminal case.
• The defendant is the person charged with a crime.
• The defense represents the defendant and disputes the correctness of the charges.
• Defense attorneys are obligated to represent their clients zealously, even if they believe them to be guilty.
• Prosecutors are responsible for doing justice and cannot prosecute someone they believe to be not guilty.

Crime and Classification

• A crime is an act or failure to act that violates a law, with a penalty set by the government or state.
• The government must prove each element of a crime beyond a reasonable doubt.
• Failure to act can be a crime in certain situations.
• A felony is a serious criminal offense usually punishable by a prison sentence of more than one year, like arson, murder, and kidnapping.
• A misdemeanor is a less serious criminal offense than a felony and is punishable by a prison sentence of one year or less, or a fine or penalty.

Homicide, Murder and Manslaughter

• Homicide is the killing of one human being by another, and it is not necessarily a crime.
• Soldiers in wartime, police officers lawfully doing their jobs, and people acting in self-defense are examples of "legal" homicide.
• 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 and Justifiable Homicide

• Malice aforethought is the required mental state for murder, encompassing:
  • The intent to kill
  • The intent to inflict grievous bodily harm
  • Extremely reckless indifference to human life
  • Intent to commit a dangerous felony (felony-murder)
• Justification is a defense when the defendant acted in a way the law does not seek to prevent..
• Necessity is a justification defense for a person who acts in an emergency they did not create and commits a harm less severe than what would have occurred otherwise.
• An affirmative defense is a defendant’s assertion of facts that, if true, will defeat the prosecution’s claim.
• The defendant bears the burden of proving the affirmative defense.

Evidence and Legal Principles

• A stipulation is an agreed-upon factual situation or exhibit.
• An exhibit is physical evidence offered as evidence (e.g., clothing, maps, diagrams).
• In a criminal trial, the defendant is presumed innocent until proven guilty.
• The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
• The defendant has no obligations unless presenting an affirmative defense.
• Reasonable doubt is the standard of belief a jury must have to convict a defendant in a criminal trial; it does not require absolute certainty.
• Criminal intent (Mens Rea) is the intent to commit a forbidden act without justification, excuse, or defense.
• It is the intent to commit the act, not necessarily the intent to commit a crime.

Trial Roles and Procedures

• A jury is a body of people selected to determine facts and determine the truth.
• The jury decides the facts of the case.
• A judge presides over the trial and decides the law in the case, making legal rulings on objections and evidence.
• An opening statement is made by the prosecution and defense at the start of the trial, outlining what they hope to prove.
• Opening statements are not evidence, and attorneys cannot argue their case here.
• Direct examination is the examination of a witness by the attorney who called them.
• Cross-examination follows direct examination, with questions asked by the other side.
• Impeachment is a form of cross-examination used to discredit testimony.
• Re-direct examination allows the direct examiner to follow up on matters raised during cross-examination.
• A closing argument is a summation by each side to the jury at the end of the evidence phase.
• Rebuttal is an argument by the prosecution that responds to the defense’s closing argument.
• An objection is the means by which an attorney informs the judge that a question, response, or evidence should not be presented to the jury.

Mock Trial Specifics

• Reasonable inference only: In a mock trial, a witness can only testify to what is in the facts given or what can be reasonably inferred from those facts.
• This rule applies specifically to mock trials, not real trials.