Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
10
The State of Texas vs. Quentin Lewis
Burglary of A Habitation
Aggravated Assault
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?
- Curtis Arvik from Rosharon
- Shane Garrett, Sean Slover, Cartrell Bell, Theresa Harris, Graciela Ponce
- Brazoria County Sheriff's Office
- Wolfe, Boswell, Nielsen
Experience with the Justice System
Experience with the Justice System
Have you known anyone who a was victim of violent crime?
Have you ever been close to someone 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?
Two Counts
The State's Case
1) Two decisions,
one for each count
2) Each verdict must
be unanimous
Burglary
of A
Habitation
Burglary of A Habitation
Elements of Burglary
1) Intentionally or Knowingly
2) Enter a habitation (house/residence)
3) Owned by another
4) Without their consent
5) Attempted to commit theft
Burglary of A Habitation - Specifics
What does it mean to enter?
How far do you have to go in?
Any part of the body, Any little bit
(Like a touchdown in football)
Do they have to actually take anything?
No!
Aggravated
Assault
Aggravated Assault
The Elements
1) Intentionally or Knowingly
2) Threaten
3) A victim
4) With imminent Bodily Injury
5) Did use or exhibit a deadly weapon
Aggravated Assault - Specifics
What does it mean to threaten?
What is a deadly weapon?
The Charge
The Charge - Count One
- Quentin Lewis
- On or about April 6, 2016
- In Brazoria County, Texas
- Intentionally or knowingly
- Entered Curtis Arvik's home without consent
- With intent to commit theft
The Charge - Count Two
- Quentin Lewis
- On or about April 6, 2016
- In Brazoria County, Texas
- Intentionally or Knowingly
- Threatened Curtis Arvik with imminent bodily injury
- Used or exhibited a deadly weapon: a firearm
The Law
of
Parties
Criminal Responsibility
You are responsible for your own conduct
You can be responsible for the conduct of another
The punishments do not have to be the same
Party Liability - Responsibility for another
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
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
Reasonable doubt does NOT come from:
1) The existence of a conflict
2) The absence of evidence
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
Types of Evidence
Direct
vs.
Circumstantial
Direct
- Eyewitness who saw the crime
- Confession to the crime
- Video of the crime
- Possession of the weapon
Circumstantial
- Eyewitness who saw before or after
- Confession to everything but the crime
- Video from before or after the crime
- Possession of the victim's things
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
If you find the defendant guilty,
each count can be punished by:
- 5 - 99 years in prison
- Up to a $10,000 fine