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Transcript

The State of Texas

vs.

Miguel Santana

You

are

here

The Investigation

Police become involved in a case when:

1. They are called to investigate a crime

2. The conduct a traffic stop

The Investigation

Encounters With the Police

Encounters With the Police

Have you or has anyone close to you?

Been arrested or charged with an offense

Had a bad experience with the police or the DA's office

The Burden of Proof

The Burden of Proof

At the scene of the crime or in the investigation,

the burden of proof to take action is very low - Probable Cause

The Charge

The Charge

4. Intentionally or Knowingly possessed

1. Miguel Santana, Jr.

2. On September 5, 2015

3. In Brazoria County, Texas

5. Between 4 - 200 g of

6. Methamphetamine

Jury Selection

  • A process of elimination

  • Intended to find a group of 12 people who have not already made up their mind

  • Who can listen to the witnesses without deciding before they hear their testimony

The Only Question Is...

The Only Question Is...

Can you follow the law? The law says a juror must:

  • Begin the trial without having made up your mind about the outcome
  • Listen to the evidence and be fair to both sides
  • Deliberate on the elements of the offense
  • Render a verdict based on the law and the evidence

What If...

You don't agree with the law?

You don't like the police officer?

You don't like the victim?

You feel sorry for the defendant?

The Trial

The boundaries of a trial

The Trial

The Rights of the Defendant

The Rights of the Defendant

The right to a trial

The right to confront witnesses

The right to remain silent

The Rules of Evidence

The Rules of Evidence

  • Hearsay
  • Examples
  • Exceptions
  • Extraneous conduct

The Trial

Making a Decision

The Trial

What a Jury considers

Physical Evidence

Physical Evidence

Physical evidence:

  • Objects
  • DNA swabs
  • Rocks
  • Videos
  • Documents
  • Lab reports
  • Records

Testimony

Testimony

Testimony IS evidence!

Testimony tells you why something is important

"Possession"

"Possession"

  • Care
  • Custody
  • Control
  • Management

DOES NOT HAVE ANYTHING TO DO WITH OWNERSIP

Possession is more like...

  • You take it home in a box (care) or have it delivered (control)
  • It can be yours (custody) or you can give it to someone else (control)
  • You can consume (control) it or give a piece away (management)
  • You can split it up or eat it all

The Pizza Party

Beyond A Reasonable Doubt

Beyond A Reasonable Doubt

There is NO definition

It is not 100% sure

Only if confirmed by a laboratory or video

The Punishment

Phase

Jurors must be able to consider the full range of punishment:

  • From 2 - 20 years in prison
  • Up to $10,000 fine OR

  • Probation of one or both
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