CRM/LAW C7 Lecture Notes - Lecture 11: Perjury, Fresno, California, Jury Nullification

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Criminal and Civil Law
-Two different courts
Purpose of Criminal Law- regulates crimes (defiance of government code)
Purpose of Civil law- regulates disputes between private parties
Examples of Criminal Law- assault, robbery, murder
Examples of Civil law- malpractice, child support, divorce.
Remedy of criminal law- punishment
Remedy of civil law- compensation of restitution
Ruling of criminal law- guilt/innocence
Ruling of civil law- liability
Defense of criminal law- right of public defender
Defense of civil law- hire private attorney or represent self
Burden of proof of criminal law- beyond a reasonable doubt
Burden of proof of civil law- preponderance of evidence
-Dual Court system
Federal and state
-Intersectionality and bias in the court system
Traditional studies of bias
o Look at race, geder, ad class separately, they do’t look at how they itersect which is
a weakess. We are’t just oe characteristic; we are all of the.
o People live different identities at once.
Intentionality
o Someone who is living at the intersection of their identities
o We should look at them all together
-Butler- Jury Nullification
When a jury disregards evidence presented at trial and acquits an otherwise guilty
defendant because
o The jury objects to the law that defendant violated
o Or to application of law to that defendant
Jurors believe applying law will lead to an unjust conviction
Butler believes that all black people that are convicted and they are victim-less and
nonviolent should always be nullified especially in drug charges.
-Justification for Jury Nullification
Rule of law is a myth- it is reviewed with bias
Continuous failure of law for black people, historically and currently
Failure of the democratic process to allow black people full and equal civic participation
No obligation to follow laws that were made without consent and with the purpose of
oppression.
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