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5
THE STATE OF TEXAS
vs.
MELVIN ROMOERO
Aggravated
Sexual Assault
Jury
Selection
This is a process
of elimination
Jury Selection
Can you begin the trial without having made up your mind already?
Can you make your decision only on the law and evidence that you have?
Do you know anything about this case?
Do you know:
BCSO Deputies
McReynolds
Anderson
Squyres
Sergio Nunez
Jose Chicas
Yeni Machado
Ana Romero
Unbiased
&
Objective
Do you know the defendant or his lawyer?
Do you know any of the witnesses?
Can you treat each witness the same?
Do you have any experiences that might affect your deliberations?
Your
Experiences
Have you or your friends ever been charged with a criminal offense?
Have you ever had a bad experience with the police or the DA's office?
Aggravated Sex Assault
The
State's
Case
What is Sexual Assault?
What makes it "Aggravated"
Intentionally or Knowingly
1
Cause the sexual organ of _____
The
"Elements"of the
Offense
2
To penetrate the sexual organ of __
3
without consent
What makes it Aggravated?
What makes it Aggravated?
The age of the victim at the time of the offense is committed
65+
Other
Elements
Other Elements
Intentionally or Knowingly
Penetrate
Sexual Organ
What you are going to hear
These are very difficult topics to discuss
The
"Talk"
What happens when you get nervous?
The
Defendant's
Rights
Presumption of Innocence
Right to Remain Silent
(5th)
Right to Confront Witnesses
(6th)
What that means
The State HAS to prove this case
You will NOT see:
- Offense reports
- Witness statements
You WILL see:
- Testimony from a live witness
The Burden of Proof
The
Burden
of Proof
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?
Does it go to an element of the offense?
Do I have a doubt?
An example
An example
Evidence &
Testimony
Testimony IS evidence
1
Testimony
Physical Items tell you what something is
2
3
Testimony tells you why it is important
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
Punishment
Punishment
The trial is split into two parts
Guilt/Innocence
Punishment
If you find the defendant guilty
punishable by:
5 - 99 years in prison
Up to a $10,000 fine
Either fine or imprisonment
may be probated