Fuhrman

Dr. Zasio

..........................................

Hoarders don't burn their stuff

Inst. 350

BACKYARD

UU

BEDROOM

PP

QQ

DDD

BBB

Phillip Ridley

VV

TT

RR

LIVING

ROOM

DINING

AREA

BEDROOM

BATHROOMS

AAA

ZZ

YY

WW

K

O

NNN

M

N

..........................................

P

BEDROOM

BEDROOM

CC

DD

FFF

EEE

GGG

KITCHEN

T

X

V

..........................................

U

MMM

The Rules of a

Trial

The Rule of Law...

What is it not?

Proof Beyond

A Reasonable Doubt

Reasonable and "Unreasonable"

STATE'S BURDEN

PRESUMED INNOCENT

NO

BIAS

The Rule of Law

• If just a single, rational doubt exists, you must acquit. You get to question the evidence. The "What ifs."

• Don't weigh how reasonable a doubt is, if it is reasonable then that's it.

• Don't demand the defense prove a doubt exists.

• Look to the prosecution for every element.

MUST CHOOSE INNOCENCE

PROOF BEYOND ALL REASONABLE DOUBT

It is unlike any decision you make in daily life.

“[T]he subjective state of near certitude of the guilt of the accused.”

- Justice Potter Stewart

... makes it easy

No Reasonable Doubt

GARAGE

Arsonists don't try to put the fire out

ii

HH

ARSON

UNLAWFULLY CAUSING A FIRE

X

Not Guilty

One Reasonable Doubt

ACCIDENT

Clear and Convincing Evidence

WILLFULLY & MALICIOUSLY

RECKLESSLY

Preponderance of the Evidence

Probably Guilty

Suspicion of Guilt

Mr. Fuhrman

is Innocent

..........................................

T

SMFD, CHPD

& Jason Hooks

Q

..........................................

BACKYARD

Perception is not proof

18

Jason Hooks

No amount of witnesses will hide a weak case

• How much?
• How old?
• Evaporation?

• The "fireball"
• The "barricades"
• "Tweaker house" not hoarder house
• Substance abuse
• Intellectually disabled
• Psychotic

Subjective opinions, not science

Perception, not proof

No Reasonable Doubt

Not Guilty

One Reasonable Doubt

Clear and Convincing Evidence

Preponderance of the Evidence

Inv. Steve

Johnson

Probably Guilty

HH

BBB

CC

Suspicion of Guilt

Mr. Fuhrman

is Innocent

Prosecution Rebuttal

..........................................

• Circumstantial evidence instruction
• "Totality"
• Burden shifting
• Weighing the versions

..........................................

Kitchen

Open flame device

The motorcycles

Is there another origin and cause?

How did the gas get there?

The skillet & the shop

E

CC

DD

X

T

JJJ

KKK

X

V

R

F

G

• Failure to examine all theories is a critical error

• Must document theory exclusion

• Must consider human behavior

• Expectation bias

• Confirmation bias

U

HH

ii

MMM

S

NNN

Perception is not proof

MM

APPLIANCE

& CABLE

JJ

LL

Demand proof

KK

No pictures or proof this is not the cause.

Perception is not proof

• How did the gas get there? Where is the container? Why isn't there more?

• Why would an arsonist try to put out the fire? Why didn't someone tell Inv. Johnson?

• Where is the evidence to exclude other causes? Like the welder?

..........................................

You must pick innocence

Circumstantial Evidence -- 225

Motive