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The State of Texas vs. Michael Stanley
Possession of A
Controlled Substance
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 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?
- J.S. Cleberg - BCSO
- A.J. Peterson - BCSO
Experience with the Justice System
Experience with the Justice System
Have you known someone who has gone to prison for drugs?
Have you ever been charged with a criminal offense?
Have you had a bad experience with the police or the District Attorney's Office?
Have you ever served on a criminal jury before?
Possession
The State's Case
1) Intentionally or knowingly
2) Possessed
3) Less than 1g of
4) Methamphetamine
Possession
Possession
- Care
- Custody
- Control
- Management
The Charge
The Charge
- Michael Scott Stanley
- On or about March 26, 2023
- In Brazoria County, Texas
- Intentionally or knowingly
- Possessed
- Methamphetamine
- Weighing less than 1 gram
Constitutional Rights
Constitutional Rights
Presumption of innocence
The right to remain silent (5th)
The right to confront witnesses (6th)
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
Has NOTHING to do with someone's job
Testimony vs. Evidence
Testimony vs. Evidence
Testimony IS evidence
A physical item tells you what something is
Testimony tells you why something is important
Punishment
Punishment
Have you ever visited someone in prison?
Can you consider the full range of punishment?
The trial is split into two parts
- Guilt/Innocence
- Punishment
If you find the defendant guilty, it can be punished by:
- 6 months in State Jail
to 20 years in prison
- Up to a $10,000 fine