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Copy of Cee Salls
4
The State of Texas vs. German Venavides
Assault - Strangulation
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?
- Cielo Rodriguez
- Pearland Police Department
- Layton, Marin, Herrera
Experience with the Justice System
Experience with the Justice System
Have you known anyone who has been involved in a family violence case?
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?
Assault -
Strangulation
1) Intentionally or knowingly or recklessly
2) Cause bodily injury
3) By impeding the normal breathing or circulation of the blood
The State's Case
Bodily Injury
Physical Pain
Illlness
ANY impairment of the physical condition
Bodily
Injury
Strangulation
Strangulation
Two different things:
1) Impeding the normal breathing
2) Impeding the normal circulation
You do NOT need:
What is
NOT
required
"Choking"
"Until she passed out"
"Caused the death of"
"Caused bruising to"
What to
look for
Most of the time, there are NO marks!
What does she say?
How does she sound?
What is it like?
Domestic
Violence
Domestic Violence
How prevalent is it?
What is it about the relationship that complicates things?
Domestic Violence
What if the victim doesn't "want" help?
What do we do if someone can't stick up for themselves?
Domestic Violence - Questions
What if she doesn't fight back?
- Fight, Flight, or ___________
Why didn't she say something?
- The wheels of justice grind ________
Why doesn't she leave?
- Can you not go back home?
Domestic Violence - Hope and the wheel
The Charge
The Charge
- German Rodriguez - Venavides
- In Brazoria County, Texas
- On or about July 14, 2020
- Intentionally, knowingly, or recklessly caused bodily injury by
- Intentionally, knowingly, or recklessly impeding the normal breathing or circulation of blood of
- Cielo Rodriguez
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
judgments 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
The trial is split into two parts
- Guilt/Innocence
- Punishment