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The State of Texas vs.
Devarick Williams
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 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 been "mugged" or robbed at gunpoint?
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
Aggravated Robbery
Theft with:
1. Serious bodily injury OR
2. The use or exhibition of a deadly weapon
Deadly Weapons
Deadly Weapons
Deadly weapons:
Anything by its use or intended use is capable of causing serious bodily injury or death
Serious Bodily Injury
Injury that creates a substantial risk of:
- death
- serious permanent disfigurement or
- protaracted loss or impairment of the function of any bodily member or organ
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 - Paragraph One
The Charge
- Devarick Deon Williams
- On or about March 21, 2019
- In Brazoria County, Texas
- While in the course of committing theft from Lauren Correa
- 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, a firearm
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
Has NOTHING to do with someone's job
Testimony vs. Evidence
Testimony vs. Evidence
Testimony IS evidence
Evidence tells you what something is
Testimony tells you why something is important
Punishment
Punishment
In your discretion,
either the fine or imprisonment or both may be probated
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