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Transcript

The State of Texas vs.

Roderick Babin

Aggravated Robbery

Jury Selection

A process of elimination

The Question is...

The Question is...

Can you follow the law?

  • Can you begin the trial without having made up your mind already?
  • Can you wait until after a witness testifies to determine their credibility?
  • Can you make your decision only on the law and the evidence given to you in court?

Knowledge of the case

Knowledge of the case

Do you know anything about the facts of the case?

Do you know anybody involved?

Experience with the Justice System

Experience with the Justice System

Have you been a victim or known a victim of aggravated robbery or theft from your person?

Have you had a bad experience with the police or the District Attorney's Office?

Have you ever served on a criminal jury before?

Aggravated Robbery

Robbery +

a. Serious bodily injury OR

b. Use or exhibition of a deadly

weapon

Robbery

Robbery

Theft + Intentionally, knowingly, or recklessly:

a. Causing injury to another

b. Threatening or placing another in fear of

imminent bodily injury or death

Theft

The unlawfull appropriation of the property of another with intent to deprive the owner of the property

Deadly Weapons and Deadly Force

Deadly Weapons and Deadly Force

Deadly weapons:

Anything by its use or intended use is capable of causing serious bodily injury or death

Party Liability

Party Liability

More than one person can commit the same crime

A defendant can be criminally responsible for the conduct of another if with intent to promote or assist the commission of the offense they act to:

- solicit

- direct

-aid

- encourage

- attempt to aid

Mere presence alone will not make a person guilty

The Charge

The Charge

Count One

  • Roderick Babin
  • On or about January 30, 2016
  • In Brazoria County, Texas
  • While in the course of committing theft from Lesly Tirado
  • And with intent to obtain or maintain control of her property
  • Intentionally or knowingly threatened or placed her in fear of imminent bodily injury or death
  • Used or exhibited a deadly weapon

The Charge

Count Two

  • Roderick Babin
  • On or about January 30, 2016
  • In Brazoria County, Texas
  • While in the course of committing theft from Rolando Perez
  • And with intent to obtain or maintain control of his property
  • Intentionally or knowingly threatened or placed him in fear of imminent bodily injury or death
  • Used or exhibited a deadly weapon

The Charge

Count Three

  • Roderick Babin
  • On or about January 30, 2016
  • In Brazoria County, Texas
  • While in the course of committing theft from Hunter Smith
  • And with intent to obtain or maintain control of his property
  • Intentionally or knowingly threatened or placed him in fear of imminent bodily injury or death
  • Used or exhibited a deadly weapon

Constitutional Rights

Constitutional Rights

Presumption of innocence

The right to remain silent

The right to confront witnesses

What you will not see and what you will

You will not see:

  • Offense reports
  • Witness statements

You will see:

  • Testimony from a live witness

The Burden of Proof

Beyond a reasonable doubt

There is no definition, but:

  • Not beyond all doubt

  • Not 100% sure

Resolving beyond a reasonable doubt

Resolving beyond a reasonable doubt

Is it reasonable?

Do I have a doubt?

Does it go to an element of the offense?

An example

An example

Evidence and Testimony

Evidence

Witness Credibility

Witness Credibility

Goes along with the right to

confront witnesses

Requires no special analysis or trick

Allows you to make your own

judgements based on perception

Does not account for occupation

Testimony vs. Evidence

Testimony vs. Evidence

Testimony IS evidence

Evidence tells you what something is

Testimony tells you why something is important

Punishment

Punishment

The trial is split into two parts

  • Guilt/Innocence
  • Punishment

If you find the defendant guilty, it can be punished by:

  • 5 - 99 years in prison
  • Up to a $10,000 fine

Probation of either prison, fine or both

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