Dammit, now I want to hear Vargas talk about his covid.

Expand full comment

I'm trying to work through these jury codes. Please someone with a legal background correct me if I'm wrong.

Series 200 - Post Trial: Introductory Instructions and Admonitions

200: Duties of Judge and Jury (Members of the jury, you must decide the facts.)

201: Do Not Investigate (Don't read Twitter)

202: Note Taking/Reading back Testimony (We gave you notebooks, feel free to use them)

207: Proof Need Not Show Actual Date (People not required to prove exact time)

208: Witness as Jane Doe (Used to protect privacy, not to be considered fact)

220: Reasonable Doubt (Charge of crime not evidence, People's task to prove beyond RD)

221: Reasonable Doubt: Bifurcated Trial (Used if court granted 2 part trial prior, or in penalty phase, where issues of liability and damages are decided separately.)

222: Evidence (Evidence is witness testimony, exhibits admitted, and anything Judge says is ev. Attorney statements not ev.)

223: Direct and Circumstantial Evidence: Defined (DE is fact/CE or indirect ev does not prove but can be supported by facts)

224: Circumstantial Evidence: Sufficiency of Evidence (Rely on CE only after convinced supporting facts are beyond RD)

225: Circumstantial Evidence: Intent or Mental State (People must prove defendant acted with particular mental state..)

226: Witnesses (You alone must judge credibility.)

Series 300 - Evidence

300: All Available Evidence (Neither side is required to call all witnesses)

301: Single Witness’s Testimony (Testimony of one witness sufficient to prove any fact)

302: Evaluating Conflicting Evidence (Determine facts based on evidence and not on how many witnesses testified from either side)

303: Limited Purpose Evidence in General (Certain evidence is admitted for limited purpose and to be considered only for limited purpose.)

318: Prior Statements as Evidence (Witness statements made before trial may be use to evaluate credibility and as evidence of fact)

332: Expert Witness Testimony (Consider the opinions of expert wit but not required to accept as fact)

333: Opinion Testimony of Lay Witness (Consider the opinions of wit but not required to accept as true or correct.)

355: Accomplice Testimony: No Dispute Whether Witness Is Accomplice (Can't convict on testimony of accomplice alone)

357: Adoptive Admissions (This speaks to determining guilt when an accusation of a crime is made outside of court but the defendant has not denied it. Certain requirements must be met to conclude one way or another.)

358: Evidence of Defendant’s Statements (Jury must decide how much importance is given to evidence of statements made by defendant before trial.)

359: Corpus Delicti: Independent Evidence of a Charged Crime (Can't convict defendant based on out-of-court statements alone.)

370: Motive (People not required to prove motive but verdict may consider whether defendant had a motive. Motive may be factor in guilt, no motive may be factor in not guilty.)

375: Evidence of Uncharged Offense (When evidence of crime presented but no charges brought, jury may consider evidence only if proved by a preponderance - so many instances that more likely true than not.)

Series 1000 - Sex Offenses

1000: Rape by Force, Fear, or Threats (Must prove 1> intercourse 2> no consent 3> accomplished by force.) As far as the changes to 1000, there have been many over the years ranging from terminology used, definitions, and the inability to resist due to being unconscious/asleep, as well as time limits to bring charges. Some of these changes, by law, go into effect at the date of change (so earlier events would not be touched). This may be something more minor, like how something can be presented in front of a jury, or could be how (if found guilty) a sentence is carried out.

Series 3500 - Post Trial Concluding

3500: Unanimity (All jurors must agree.)

3501: Unanimity: When Generic Testimony of Offense Presented (Multiple offenses presented, Jury must agree guilt on all, OR guilt on one offense must be agreed upon by all Jurors.)

3502: Unanimity: When Prosecution Elects One Act Among Many (Guilty only if Jury agrees offense committed at a time and place.)

3515: Multiple Counts (Separate crimes, separate verdicts.)

3517: Deliberations and Completion: For Use When Lesser/Greater Crimes (If guilty of lesser crime but not greater crime, defendant may not be charged for both.)

3550: Pre-Deliberation Instructions (Jurors, choose your leader and be fair.)

3590: Final Instruction on Discharge of Jury (After trial, Jury is free to talk about the case if they want. If they accept payment for information they must wait 90 days.)

Expand full comment