CRM/LAW C105 Lecture Notes - Lecture 6: Procedural Justice, Decision Theory, Jury Nullification
14 Mar 2016
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Mid 1990s- maybe jurors wouldn"t understand this: sandoval v. california (1994): There is a real possibility that such language would lead jurors to convict upon moral standards or value judgments particularly when the defendant is accused of a repugnant or brutal crime . Can no longer use the moral certainty phrase. Cali: a reasonable doubt is not an unreasonable doubt : kagehiro & stanton study (1995) Preponderance of evidence (peo): when weighted with that opposed to it, has more convincing force: more likely than not, least stringent. Clear and convincing evidence (cce): a firm belief or conviction as to the truth. Beyond a reasonable doubt (brd): not a mere possible doubt an abiding conviction to a moral certainty: most stringent. Legal definitions don"t have the intended effect: more people to convict in brd. Quantified definitions do: more people voting to convict in peo.
