1 00:00:00,040 --> 00:00:02,160 All right. Ready to dive into some criminal 2 00:00:02,160 --> 00:00:03,120 law? We're going to be looking at 3 00:00:03,120 --> 00:00:04,920 criminal law and procedure today. 4 00:00:05,040 --> 00:00:07,880 Yeah, this is going to be great for anybody getting ready for 5 00:00:07,880 --> 00:00:11,160 finals or the bar exam. We'll break it down, give you 6 00:00:11,160 --> 00:00:12,800 what you need for those hypotheticals. 7 00:00:12,800 --> 00:00:14,680 Perfect. So imagine this. 8 00:00:15,040 --> 00:00:18,760 You've got a heated argument, things escalate, somebody throws 9 00:00:18,760 --> 00:00:20,680 a brick and boom, someone's dead. 10 00:00:20,680 --> 00:00:22,320 Classic law school hypotheticals. 11 00:00:22,320 --> 00:00:24,960 Exactly. And to figure out like, what are 12 00:00:24,960 --> 00:00:28,400 the potential charges, you got to understand the elements of a 13 00:00:28,400 --> 00:00:30,680 crime. It all starts with the building 14 00:00:30,680 --> 00:00:33,360 blocks, right? So first up, we've got actus 15 00:00:33,360 --> 00:00:34,840 Reus. That's your guilty act. 16 00:00:35,120 --> 00:00:37,040 It's not just thinking bad thoughts. 17 00:00:37,040 --> 00:00:38,480 You actually have to do something. 18 00:00:38,480 --> 00:00:41,920 So like if I accidentally bump into someone and they fall and 19 00:00:41,920 --> 00:00:44,680 break their arm, I'm not necessarily liable? 20 00:00:44,800 --> 00:00:47,880 Right, you didn't voluntarily act to 'cause that harm. 21 00:00:47,880 --> 00:00:50,840 But then things get a little tricky, because sometimes 22 00:00:50,840 --> 00:00:54,480 failing to act like an omission can be the actus Reus. 23 00:00:54,480 --> 00:00:57,320 OK, so an omission. Like if I see someone drowning 24 00:00:57,320 --> 00:00:59,880 and I'm just like well too bad. Well, it depends. 25 00:01:00,000 --> 00:01:01,720 Did you have a legal duty to act? 26 00:01:01,800 --> 00:01:05,000 Were you a lifeguard, a parent? Or did you like push them in the 27 00:01:05,000 --> 00:01:07,120 water in the first place? So you have to have like a 28 00:01:07,120 --> 00:01:10,440 specific legal duty, not just like a moral 1. 29 00:01:10,440 --> 00:01:13,400 Exactly. OK, now let's get into the mind 30 00:01:13,400 --> 00:01:16,840 of a criminal Mens Rea, the guilty mind. 31 00:01:17,040 --> 00:01:18,960 And this is where the Model Penal Code comes in. 32 00:01:18,960 --> 00:01:22,560 That's got those 4 levels right. Purpose, knowledge, 33 00:01:22,720 --> 00:01:26,520 recklessness, negligence. So it's not enough to just do 34 00:01:26,520 --> 00:01:29,040 the act. The law actually cares about 35 00:01:29,040 --> 00:01:30,200 what you were thinking when you did it. 36 00:01:30,520 --> 00:01:33,520 Totally, and different crimes require different levels of Mens 37 00:01:33,520 --> 00:01:36,240 Rea, like with homicide. If you plan on a murder that 38 00:01:36,240 --> 00:01:38,400 premeditation, that's purpose, right? 39 00:01:38,800 --> 00:01:41,880 First degree murder territory. That makes sense, but what if 40 00:01:41,880 --> 00:01:43,840 you're not trying to kill someone but your actions? 41 00:01:43,840 --> 00:01:46,480 They're just super risky. They could easily lead to death. 42 00:01:46,480 --> 00:01:48,800 That's where knowledge comes in. Let's say you set a building on 43 00:01:48,800 --> 00:01:51,520 fire, knowing people are inside. You may not have wanted them 44 00:01:51,520 --> 00:01:53,560 dead, but you knew it was going to happen. 45 00:01:53,600 --> 00:01:55,720 This is like depraved tart murder. 46 00:01:55,920 --> 00:01:58,800 You got it. OK, let's dial it back a bit. 47 00:01:59,240 --> 00:02:02,280 What about those times when someone's not trying to hurt 48 00:02:02,280 --> 00:02:05,000 anyone, but they're just being really careless? 49 00:02:05,560 --> 00:02:08,199 That's where recklessness and negligence come into play. 50 00:02:08,199 --> 00:02:12,160 Think about like a drunk driver. They're not out to cause harm, 51 00:02:12,160 --> 00:02:15,000 but they're taking a huge risk. And if someone dies because of 52 00:02:15,000 --> 00:02:16,880 that, that's manslaughter. Right, because they were 53 00:02:16,880 --> 00:02:18,680 consciously disregarding that risk. 54 00:02:19,040 --> 00:02:21,720 Then we've got negligence. That's the should have known 55 00:02:21,720 --> 00:02:24,920 better category. More like a reasonable person 56 00:02:24,920 --> 00:02:28,160 would have known better, like leaving a baby unattended in the 57 00:02:28,160 --> 00:02:30,640 bathtub. You're failing to perceive a 58 00:02:30,640 --> 00:02:33,200 risk that any reasonable person would have seen. 59 00:02:33,200 --> 00:02:37,520 So an accident can be a crime if it's the result of negligence. 60 00:02:37,520 --> 00:02:39,160 Absolutely. And that line between 61 00:02:39,160 --> 00:02:41,920 recklessness and negligence, sometimes it gets blurry. 62 00:02:42,040 --> 00:02:43,560 You got to look at the facts of each case. 63 00:02:43,560 --> 00:02:46,040 OK, so we've got the act, the mental state. 64 00:02:46,520 --> 00:02:49,160 What else do we need to prove a crime? 65 00:02:49,240 --> 00:02:51,000 Causation. We need to connect the 66 00:02:51,000 --> 00:02:54,360 defendant's actions to the harm like it's a chain of events and 67 00:02:54,360 --> 00:02:58,360 there are two links, actual cause and proximate cause. 68 00:02:58,640 --> 00:03:02,800 OK, actual cause seems simple enough like, but for the 69 00:03:02,800 --> 00:03:04,920 defendant's actions, the harm wouldn't have. 70 00:03:04,920 --> 00:03:07,360 Happened exactly, but proximate 'cause that's about 71 00:03:07,360 --> 00:03:10,760 foreseeability. Was this harm a likely outcome 72 00:03:10,760 --> 00:03:13,440 of the defendant's actions? So like if you hit someone 73 00:03:13,440 --> 00:03:17,000 directly with a brick causing a head injury, that's pretty 74 00:03:17,000 --> 00:03:19,080 foreseeable, right? Yeah, that's straightforward. 75 00:03:19,520 --> 00:03:23,160 But what if that person startled by the brick jumps back, falls 76 00:03:23,160 --> 00:03:26,480 into a manhole, and dies? The act of throwing the brick is 77 00:03:26,480 --> 00:03:30,160 still the actual cause, but was that kind of freak accident 78 00:03:30,160 --> 00:03:33,360 foreseeable? Proximate cause can get pretty 79 00:03:33,360 --> 00:03:35,640 complicated. It can, and that's where we look 80 00:03:35,640 --> 00:03:38,160 for intervening causes, things that break that chain. 81 00:03:38,160 --> 00:03:40,760 Was there something so unexpected that it really became 82 00:03:40,760 --> 00:03:43,160 the main cause of the harm? So you really have to analyze it 83 00:03:43,160 --> 00:03:43,880 all. You do. 84 00:03:44,320 --> 00:03:47,600 OK, now let's talk about some specific crimes. 85 00:03:47,640 --> 00:03:50,520 What about crimes against the person, like homicide? 86 00:03:50,680 --> 00:03:53,880 That's always a good one. Yeah, feels like every exam has 87 00:03:53,880 --> 00:03:56,800 a murder hypothetical. Homicide is a big topic, right? 88 00:03:56,840 --> 00:03:59,200 You've got everything from first degree murder down to 89 00:03:59,560 --> 00:04:01,600 manslaughter. All right, so murder. 90 00:04:02,320 --> 00:04:05,080 How's that defined? Common law says it's an unlawful 91 00:04:05,080 --> 00:04:09,040 killing of another human being with malice aforethought, but 92 00:04:09,040 --> 00:04:10,840 that doesn't always mean premeditation. 93 00:04:11,360 --> 00:04:14,240 Malice aforethought sounds serious. 94 00:04:14,600 --> 00:04:17,279 What does it actually mean? Well, it could be an intent to 95 00:04:17,279 --> 00:04:19,680 kill, right? But it could also be intending 96 00:04:19,680 --> 00:04:22,960 to cause serious injury, even if you didn't mean for them to die. 97 00:04:23,000 --> 00:04:26,320 So like if you get into a fight you really want to hurt someone 98 00:04:26,320 --> 00:04:28,360 but then they die because of it, that could be murder. 99 00:04:28,560 --> 00:04:31,280 Exactly, and it doesn't even have to be intentional acting 100 00:04:31,280 --> 00:04:34,040 with a depraved heart, just being super reckless and 101 00:04:34,040 --> 00:04:37,200 indifferent to human life. If someone dies, that can be 102 00:04:37,200 --> 00:04:38,440 murder too. Wow. 103 00:04:38,440 --> 00:04:40,600 OK, So what about unintentional killings? 104 00:04:40,600 --> 00:04:42,680 Where do those fit in? That's where we get to 105 00:04:42,680 --> 00:04:45,280 manslaughter, voluntary manslaughter. 106 00:04:45,280 --> 00:04:47,520 That's your classic heat of passion crime. 107 00:04:47,720 --> 00:04:50,320 You're provoked, you lose control, and in that moment, you 108 00:04:50,320 --> 00:04:52,640 kill. So like you catch your spouse 109 00:04:52,640 --> 00:04:56,600 cheating and you just snap? Potentially, but the provocation 110 00:04:56,600 --> 00:04:59,120 has to be something that would make a reasonable person lose 111 00:04:59,120 --> 00:05:02,240 control, and it has to happen right then in the heat of the 112 00:05:02,240 --> 00:05:04,160 moment. No cooling off period. 113 00:05:04,280 --> 00:05:06,520 So no revenge killings 2 weeks later? 114 00:05:06,640 --> 00:05:11,560 Nope, that's premeditation. Now involuntary manslaughter. 115 00:05:11,640 --> 00:05:14,600 That's where negligence comes back, those unintentional 116 00:05:14,600 --> 00:05:17,080 killings because of carelessness or recklessness. 117 00:05:17,080 --> 00:05:19,400 Like the drunk driving example we talked about before. 118 00:05:19,400 --> 00:05:23,160 Yep, or our daycare worker who left the baby in the bathtub. 119 00:05:23,560 --> 00:05:26,680 They didn't mean to kill, but they were so careless that it 120 00:05:26,680 --> 00:05:29,480 led to a death. OK, so we've covered homicide. 121 00:05:29,840 --> 00:05:32,160 What about crimes against property? 122 00:05:32,720 --> 00:05:34,680 There are a lot of tricky distinctions there too. 123 00:05:34,680 --> 00:05:39,000 Oh yeah, we've got larceny, robbery, burglary, arson, all 124 00:05:39,000 --> 00:05:40,680 the classics. OK, so what's the difference 125 00:05:40,680 --> 00:05:43,440 between larceny and robbery? They both involve taking stuff 126 00:05:43,440 --> 00:05:46,040 right? True, but robbery involves force 127 00:05:46,240 --> 00:05:49,400 or the threat of force. Larceny is just taking someone's 128 00:05:49,400 --> 00:05:51,200 property with the intent to keep it. 129 00:05:51,520 --> 00:05:54,400 Think shoplifting. So snatching a person running is 130 00:05:54,400 --> 00:05:57,840 larceny, but holding someone up at gunpoint for their wallet? 131 00:05:58,080 --> 00:05:59,640 That's robbery. You got it. 132 00:05:59,680 --> 00:06:02,640 And the amount of force used matters to like simple mugg 133 00:06:02,800 --> 00:06:06,480 might be second degree robbery but pull out a weapon that bumps 134 00:06:06,480 --> 00:06:08,760 it up to armed robbery much more serious. 135 00:06:08,800 --> 00:06:10,200 Got it. OK, What about burglary? 136 00:06:10,200 --> 00:06:11,640 That's just breaking into a house, right? 137 00:06:11,840 --> 00:06:14,520 Well, at common law it was breaking and entering a dwelling 138 00:06:14,520 --> 00:06:18,240 at night with the intent to commit a felony inside. 139 00:06:18,480 --> 00:06:22,000 So jimmying a window at 2:00 AM to steal ATV? 140 00:06:22,160 --> 00:06:26,360 That's classic burglary. Textbook, but modern laws have 141 00:06:26,360 --> 00:06:28,960 broadened it. Now it can be any structure, not 142 00:06:28,960 --> 00:06:31,280 just houses, and it doesn't have to be at night anymore. 143 00:06:31,440 --> 00:06:34,920 So breaking into a storage unit in broad daylight, that could 144 00:06:34,920 --> 00:06:37,440 still be burglary. Yep, as long as you're entering 145 00:06:37,440 --> 00:06:39,360 unlawfully to commit a crime inside. 146 00:06:39,480 --> 00:06:40,440 OK. And arson. 147 00:06:40,440 --> 00:06:41,880 That's just setting stuff on fire. 148 00:06:41,920 --> 00:06:45,280 Basically the malicious burning of property, but it has to be 149 00:06:45,280 --> 00:06:48,840 intentional or super reckless. Like if you accidentally start a 150 00:06:48,840 --> 00:06:51,200 fire while cooking, that's not usually arson. 151 00:06:51,200 --> 00:06:54,000 So burning down a rivals business or even your own house 152 00:06:54,000 --> 00:06:55,920 for the insurance money, That's arson. 153 00:06:56,040 --> 00:06:57,920 Bingo. And just like burglary, it's 154 00:06:57,920 --> 00:07:01,720 expanded beyond just houses. Lots of states include any 155 00:07:01,720 --> 00:07:03,640 structure, even personal property. 156 00:07:03,640 --> 00:07:06,760 OK, So what happens when someone tries to commit a crime but they 157 00:07:06,760 --> 00:07:09,040 just totally fail? Are they off the hook? 158 00:07:09,160 --> 00:07:11,440 Not necessarily. That's where we get into 159 00:07:11,440 --> 00:07:14,080 inchoate offenses. Those attempted crimes we're 160 00:07:14,080 --> 00:07:17,160 talking about attempt solicitation and conspiracy. 161 00:07:17,600 --> 00:07:21,720 The crime might not be complete, but the intent is there, and 162 00:07:21,720 --> 00:07:24,560 that's what the law cares about. Let's start with attempt. 163 00:07:25,280 --> 00:07:27,800 Sounds pretty straightforward. You try to do something illegal, 164 00:07:27,800 --> 00:07:29,920 but you mess up. It's a bit more than that. 165 00:07:30,120 --> 00:07:33,240 You need the intent to commit the crime and a substantial step 166 00:07:33,240 --> 00:07:35,440 towards doing it. Just thinking about robbing a 167 00:07:35,440 --> 00:07:37,880 bank isn't enough. So if you start casing the 168 00:07:37,880 --> 00:07:41,160 joint, drawing a blueprints, getting a getaway car, those are 169 00:07:41,160 --> 00:07:42,880 substantial steps. Exactly. 170 00:07:42,880 --> 00:07:45,400 You're moving from thinking to actually doing. 171 00:07:45,400 --> 00:07:47,720 And here's the thing, factual impossibility. 172 00:07:47,720 --> 00:07:50,840 It's not a defense for attempt. Factual impossibility? 173 00:07:50,840 --> 00:07:53,080 What's that? Let's say you try to pickpocket 174 00:07:53,080 --> 00:07:54,760 someone, but their pocket is empty. 175 00:07:55,120 --> 00:07:56,920 You still took that substantial step. 176 00:07:56,920 --> 00:07:58,960 You had the intent, so it's attempted larceny. 177 00:07:59,280 --> 00:08:01,440 Doesn't matter that it couldn't actually happen. 178 00:08:01,640 --> 00:08:03,680 Interesting. So what's the difference between 179 00:08:03,680 --> 00:08:07,280 attempt and solicitation? Solicitation is getting someone 180 00:08:07,280 --> 00:08:11,080 else to do your dirty work. You ask, encourage, command them 181 00:08:11,080 --> 00:08:14,360 to commit a crime, and the crime is complete the moment you ask, 182 00:08:14,440 --> 00:08:17,600 even if they say no. So if I pay someone to steal my 183 00:08:17,600 --> 00:08:21,680 neighbor's award-winning poodle, but they refuse, that's still 184 00:08:21,680 --> 00:08:23,400 solicitation. You got it. 185 00:08:23,640 --> 00:08:26,200 Of course, if they do steal the poodle, then it becomes theft 186 00:08:26,200 --> 00:08:28,840 and the solicitation kind of gets absorbed into that. 187 00:08:28,840 --> 00:08:29,840 Got it. OK, last one. 188 00:08:29,840 --> 00:08:33,320 Conspiracy always picture like shadowy figures making secret 189 00:08:33,320 --> 00:08:34,760 deals. It does have that air of 190 00:08:34,760 --> 00:08:37,240 mystery. You need an agreement between 191 00:08:37,240 --> 00:08:41,000 two or more people to commit a crime, plus an overt act in 192 00:08:41,000 --> 00:08:44,240 furtherance of that conspiracy. So just talking about robbing a 193 00:08:44,240 --> 00:08:45,880 bank. Isn't enough, right? 194 00:08:46,120 --> 00:08:49,760 You need action. Buying ski masks, scoping out 195 00:08:49,760 --> 00:08:52,680 the bank, That's an overt act. It shows you're moving from talk 196 00:08:52,680 --> 00:08:55,000 to action. Now, what about liability? 197 00:08:55,560 --> 00:08:58,000 If you're part of the plan, but you don't actually do the 198 00:08:58,000 --> 00:08:59,520 robbery, are you still in trouble? 199 00:08:59,880 --> 00:09:01,960 Good question. Under the Pinkerton rule, you 200 00:09:01,960 --> 00:09:05,000 can be liable for the crimes of your Co conspirators if those 201 00:09:05,000 --> 00:09:08,320 crimes were foreseeable and in furtherance of the conspiracy. 202 00:09:08,480 --> 00:09:11,080 So if they go rogue and rob a jewelry store on the way to the 203 00:09:11,080 --> 00:09:12,800 bank heist, that's probably not on me. 204 00:09:13,320 --> 00:09:15,720 But if they shoot a guard during the bank robbery we planned, 205 00:09:15,720 --> 00:09:17,280 that's different. Exactly. 206 00:09:17,360 --> 00:09:20,400 You're responsible for the foreseeable consequences of the 207 00:09:20,400 --> 00:09:24,400 conspiracy, even if you didn't personally do every bad thing. 208 00:09:24,960 --> 00:09:28,640 Conspiracy is a tricky one. What about accomplices? 209 00:09:28,720 --> 00:09:32,200 Like if I'm the getaway driver, am I just as guilty as the 210 00:09:32,200 --> 00:09:36,480 person who goes in with the gun? Usually, yes, accomplices aid, 211 00:09:36,480 --> 00:09:40,840 abet, encourage assist. They make the crime happen and 212 00:09:40,840 --> 00:09:43,600 they're liable for the foreseeable consequences, just 213 00:09:43,600 --> 00:09:46,160 like with conspiracy. Wow, there's a lot to consider 214 00:09:46,160 --> 00:09:47,680 when it comes to criminal liability. 215 00:09:48,480 --> 00:09:50,920 But what if someone commits a crime but they have a good 216 00:09:50,920 --> 00:09:52,880 excuse? That's where defenses come in. 217 00:09:53,080 --> 00:09:55,280 Not all criminal acts lead to convictions. 218 00:09:55,280 --> 00:09:58,600 Defenses are a huge part of criminal law, and they can make 219 00:09:58,600 --> 00:10:00,720 the difference between guilty and not guilty. 220 00:10:00,720 --> 00:10:03,320 OK, let's talk defenses. What are the main categories we 221 00:10:03,320 --> 00:10:05,520 need to know? We can divide them into capacity 222 00:10:05,520 --> 00:10:08,200 defenses and justification excuse defenses. 223 00:10:08,200 --> 00:10:10,600 And what's the difference? Capacity defenses. 224 00:10:10,840 --> 00:10:13,680 They attack the defendants mental state at the time of the 225 00:10:13,680 --> 00:10:17,960 crime, like because of some mental incapacity they couldn't 226 00:10:17,960 --> 00:10:21,160 form Mens Rhea or understand what they were doing was wrong. 227 00:10:21,160 --> 00:10:23,400 So it's like they weren't in their right mind. 228 00:10:23,560 --> 00:10:27,240 Exactly, the insanity defense is a classic example. 229 00:10:27,240 --> 00:10:30,200 Rarely works in real life, but it's always on the exam. 230 00:10:30,200 --> 00:10:33,000 Right. And with insanity, the defendant 231 00:10:33,000 --> 00:10:35,360 has to prove they didn't know right from wrong. 232 00:10:35,680 --> 00:10:37,080 Well, there are a few different tests. 233 00:10:37,600 --> 00:10:39,840 The Vim not in Rule is about knowing right from wrong. 234 00:10:39,960 --> 00:10:43,200 Then you've got the Irresistible Impulse test and the Model Penal 235 00:10:43,200 --> 00:10:45,440 Code test. So a lot of different ways to 236 00:10:45,440 --> 00:10:48,240 evaluate insanity. Yeah, but it's a high bar to 237 00:10:48,240 --> 00:10:49,640 clear. You got to show that their 238 00:10:49,640 --> 00:10:52,280 mental illness was so severe they couldn't form the Mens 239 00:10:52,280 --> 00:10:53,680 rear. What about age? 240 00:10:53,880 --> 00:10:55,960 Can kids be held criminally liable? 241 00:10:56,160 --> 00:10:59,480 The law recognizes that kids aren't as developed as adults, 242 00:10:59,520 --> 00:11:01,040 right? Common law had different age 243 00:11:01,040 --> 00:11:05,200 categories under 7. No criminal intent 7 to 14. 244 00:11:05,200 --> 00:11:07,000 There was a presumption of incapacity. 245 00:11:07,280 --> 00:11:09,400 Over 14, they were treated as adults. 246 00:11:09,400 --> 00:11:11,200 But now we have the juvenile justice system. 247 00:11:11,520 --> 00:11:13,680 Right. Most cases with minors go to 248 00:11:13,680 --> 00:11:16,480 juvenile courts, which focus on rehabilitation. 249 00:11:17,040 --> 00:11:20,080 But sometimes minors, especially if they commit serious crimes, 250 00:11:20,440 --> 00:11:23,000 can be tried as adults. It's about balancing 251 00:11:23,000 --> 00:11:25,640 accountability with the fact that their brains are still 252 00:11:25,640 --> 00:11:26,920 developing. Exactly. 253 00:11:27,280 --> 00:11:29,280 OK. Another capacity defense 254 00:11:30,040 --> 00:11:33,200 intoxication. Oh so if I get drunk and do some 255 00:11:33,200 --> 00:11:35,480 stupid I could just blame it on the alcohol? 256 00:11:35,600 --> 00:11:38,720 Not quite voluntary intoxication. 257 00:11:38,720 --> 00:11:42,160 It's not usually a good defense. It might matter if the crime 258 00:11:42,160 --> 00:11:45,480 needs a specific intent, like burglary and you were so drunk 259 00:11:45,480 --> 00:11:48,040 you couldn't form that intent. But if I'm blackout drunk and 260 00:11:48,040 --> 00:11:49,480 punch someone, I'm still in trouble. 261 00:11:49,480 --> 00:11:51,800 Absolutely. That's a general intent crime. 262 00:11:52,000 --> 00:11:54,240 Involuntary intoxication though, that's different. 263 00:11:54,240 --> 00:11:56,080 Like if you were drugged without knowing it, that could be a 264 00:11:56,080 --> 00:11:57,400 complete defense. OK. 265 00:11:57,400 --> 00:11:59,920 So capacity defenses are about mental state? 266 00:12:00,720 --> 00:12:03,600 What about those justification excuse defenses? 267 00:12:04,080 --> 00:12:06,040 Those are about the circumstances of the crime. 268 00:12:06,040 --> 00:12:09,040 Like you did something criminal but it was justified or 269 00:12:09,040 --> 00:12:12,160 excusable in that situation. The classic one is self-defense. 270 00:12:12,160 --> 00:12:14,480 So if somebody attacks me, I fight back. 271 00:12:14,680 --> 00:12:18,120 That's self-defense. It could be, but you have to 272 00:12:18,120 --> 00:12:20,880 reasonably believe you were in danger, and the force you use 273 00:12:20,880 --> 00:12:22,760 has to be proportional to the threat. 274 00:12:23,000 --> 00:12:25,720 You can't use deadly force if someone's just shoving you. 275 00:12:26,200 --> 00:12:27,800 What about stand your ground laws? 276 00:12:27,920 --> 00:12:31,320 Don't they change things? They do in some places. 277 00:12:31,360 --> 00:12:34,560 Traditionally, you might have had a duty to retreat before 278 00:12:34,560 --> 00:12:36,080 using force. Run away first. 279 00:12:36,120 --> 00:12:39,920 Yeah, but stand your ground laws say you can use force, even 280 00:12:39,920 --> 00:12:42,840 deadly force, to defend yourself, especially in your own 281 00:12:42,840 --> 00:12:44,920 home. So no more hiding under the bed 282 00:12:44,920 --> 00:12:47,840 if someone breaks in. Depends on the law where you 283 00:12:47,880 --> 00:12:50,920 are, but those laws are controversial. 284 00:12:50,920 --> 00:12:52,440 They can make things more violent. 285 00:12:52,800 --> 00:12:55,840 Definitely a Gray area. What other justification excuse 286 00:12:55,840 --> 00:12:57,400 defenses are there? Duress. 287 00:12:57,680 --> 00:12:59,720 You're forced to commit a crime because of a threat. 288 00:12:59,760 --> 00:13:02,080 Like someone holds a gun to my head and makes me rob a bank. 289 00:13:02,080 --> 00:13:04,200 Exactly. But the threat has to be 290 00:13:04,200 --> 00:13:07,760 serious, immediate, and you have to have no other choice. 291 00:13:08,040 --> 00:13:11,200 Then there's necessity. You break the law to prevent 292 00:13:11,200 --> 00:13:14,160 something worse from happening. I break into a pharmacy to steal 293 00:13:14,160 --> 00:13:17,400 medicine for someone having a severe allergic reaction. 294 00:13:17,520 --> 00:13:20,640 Yeah, the lesser of two evils. And lastly, entrapment. 295 00:13:21,120 --> 00:13:23,760 That's when law enforcement gets you to commit a crime you 296 00:13:23,760 --> 00:13:26,480 wouldn't have done otherwise. So like an undercover cop 297 00:13:26,480 --> 00:13:29,400 pressures me to buy drugs even though I don't want to. 298 00:13:29,640 --> 00:13:32,600 It could be. The question is, were you 299 00:13:32,600 --> 00:13:36,120 predisposed to commit the crime or did the police create that 300 00:13:36,120 --> 00:13:38,760 criminal intent? OK, so we've got the elements of 301 00:13:38,760 --> 00:13:41,960 a crime, some types of crimes, and all these defenses, but what 302 00:13:41,960 --> 00:13:45,680 about the process itself? How does a case actually work 303 00:13:45,680 --> 00:13:49,280 its way through the system? That's criminal procedure, all 304 00:13:49,280 --> 00:13:52,000 about those rules and safeguards, how the government 305 00:13:52,000 --> 00:13:54,480 investigates and prosecutes while still protecting the 306 00:13:54,480 --> 00:13:57,200 rights of the accused. And the Constitution plays a big 307 00:13:57,200 --> 00:14:00,280 role, especially the 4th, 5th and 6th Amendments. 308 00:14:00,920 --> 00:14:02,880 All right, constitutional law. Let's breakdown those 309 00:14:02,880 --> 00:14:04,520 amendments. What's so special about the 4th 310 00:14:04,520 --> 00:14:06,640 Amendment? The 4th Amendment is all about 311 00:14:06,640 --> 00:14:09,640 protecting us from unreasonable searches and seizures. 312 00:14:09,960 --> 00:14:12,480 The government can't just barge into our homes or go through our 313 00:14:12,480 --> 00:14:15,000 things without a good reason. They usually need a warrant. 314 00:14:15,120 --> 00:14:18,120 So if the police think I'm running an illegal poker game in 315 00:14:18,120 --> 00:14:20,840 my basement, they can't just breakdown the door and start 316 00:14:20,840 --> 00:14:21,840 taking my chips. Nope. 317 00:14:21,920 --> 00:14:24,960 They need a warrant, and to get that warrant they have to 318 00:14:24,960 --> 00:14:27,280 convince a judge that they have probable cause. 319 00:14:27,400 --> 00:14:30,760 That's more than a hunch. So a tip from a nosy neighbor 320 00:14:30,760 --> 00:14:32,240 won't cut it. Probably not. 321 00:14:33,040 --> 00:14:36,560 They need solid evidence like witness statements, footage, or 322 00:14:36,560 --> 00:14:39,280 maybe even the sound of illegal activity coming from your 323 00:14:39,280 --> 00:14:41,760 basement window. And the warrant needs to be 324 00:14:41,760 --> 00:14:44,080 specific. It can't just be a free for all 325 00:14:44,080 --> 00:14:44,520 search. Wait. 326 00:14:44,680 --> 00:14:47,200 So what if there's like an emergency? 327 00:14:47,360 --> 00:14:49,840 Do the police always need a warrant? 328 00:14:49,880 --> 00:14:52,360 That's where exceptions come in, like hot pursuit. 329 00:14:52,480 --> 00:14:55,080 If they're chasing someone and they run into a house, they 330 00:14:55,080 --> 00:14:56,840 don't have to stop and get a warrant while the person 331 00:14:56,840 --> 00:14:58,400 escapes. So they can follow them in. 332 00:14:58,440 --> 00:15:03,200 Exactly, or if they hear screams from inside a house suggesting 333 00:15:03,200 --> 00:15:06,640 someone's in danger. That's an exigent circumstance. 334 00:15:07,040 --> 00:15:09,160 God act fast, they can go in without a warrant. 335 00:15:09,360 --> 00:15:11,400 What if I just let the police search my house? 336 00:15:12,160 --> 00:15:13,280 Do they still need a warrant then? 337 00:15:13,440 --> 00:15:16,640 That's the consent exception. If you willingly give 338 00:15:16,640 --> 00:15:21,200 permission, they can search, but it has to be real consent, no 339 00:15:21,200 --> 00:15:23,240 coercion. So if they say we just need a 340 00:15:23,240 --> 00:15:26,560 quick peek inside and I say OK, that's consent. 341 00:15:26,560 --> 00:15:30,160 It might be, but they can't go beyond what you agreed to. 342 00:15:30,160 --> 00:15:34,120 OK So what if I have a roommate and they say it's OK to search 343 00:15:34,360 --> 00:15:36,480 but I say no? That gets tricky. 344 00:15:37,040 --> 00:15:39,600 Generally, if someone who has authority over the space 345 00:15:39,600 --> 00:15:44,200 consents, the police can search. But if two people have equal 346 00:15:44,200 --> 00:15:47,080 authority, like roommates, and one says yes and the other says 347 00:15:47,080 --> 00:15:50,080 no, they can't search. So my roommate can't give the 348 00:15:50,080 --> 00:15:52,520 police permission to search my locked bedroom if I'm standing 349 00:15:52,520 --> 00:15:55,640 right there saying no. Exactly, and it gets even more 350 00:15:55,640 --> 00:15:58,080 complicated if the person objecting isn't there. 351 00:15:58,400 --> 00:16:01,720 There are tons of cases on this and the rules vary from place to 352 00:16:01,720 --> 00:16:02,240 place. Wow. 353 00:16:02,280 --> 00:16:04,320 This is complicated. OK, What about cars? 354 00:16:04,320 --> 00:16:07,240 Are they different? Yes, cars are mobile so they 355 00:16:07,240 --> 00:16:09,920 have the automobile exception. If the police have probable 356 00:16:09,920 --> 00:16:12,640 cause to think a car has evidence of a crime, they can 357 00:16:12,640 --> 00:16:15,480 search it without a warrant. So like if they pull me over for 358 00:16:15,480 --> 00:16:18,360 speeding and smell weed they can search my car? 359 00:16:18,560 --> 00:16:22,000 That could give them probable cause, yes, and the search 360 00:16:22,000 --> 00:16:25,400 includes any part of the car where evidence might be, even 361 00:16:25,400 --> 00:16:27,080 the trunked. That seems like a pretty big 362 00:16:27,080 --> 00:16:30,680 exception, more for just walking down the street and a cop stops 363 00:16:30,680 --> 00:16:33,840 me and starts asking questions. Do I have any protection? 364 00:16:33,880 --> 00:16:36,600 You do. Even quick encounters like a 365 00:16:36,600 --> 00:16:40,120 stop and frisk are covered by the 4th amendment, but they 366 00:16:40,120 --> 00:16:43,080 don't need probable cause, just reasonable suspicion. 367 00:16:43,080 --> 00:16:46,840 Basically a reasonable belief that you're involved in criminal 368 00:16:46,840 --> 00:16:49,400 activity. So if I'm walking late at night 369 00:16:49,400 --> 00:16:52,000 and fit the description of a burglar, they can stop and 370 00:16:52,000 --> 00:16:54,480 question me. They could, but they can't stop 371 00:16:54,480 --> 00:16:56,960 you just because of your race or where you are. 372 00:16:57,000 --> 00:16:58,960 And what about frisking? Can they just pat me down 373 00:16:58,960 --> 00:17:01,280 because they stopped me? Only if they think you might be 374 00:17:01,280 --> 00:17:05,119 armed and dangerous. They need specific reasons and 375 00:17:05,119 --> 00:17:07,480 stop and frisk. It's been controversial because 376 00:17:07,480 --> 00:17:09,359 it's been used disproportionately against 377 00:17:09,359 --> 00:17:11,520 people of color. Sounds like the 4th amendment is 378 00:17:11,520 --> 00:17:13,640 all about balancing safety with our rights. 379 00:17:13,680 --> 00:17:16,160 Exactly. It's a tough balance and courts 380 00:17:16,160 --> 00:17:18,720 are always trying to figure out how to apply it in our changing 381 00:17:18,720 --> 00:17:20,800 world. OK, let's move on to the Fifth 382 00:17:20,800 --> 00:17:23,400 Amendment. It's known for protection 383 00:17:23,400 --> 00:17:26,800 against self incrimination. What does that actually mean? 384 00:17:27,200 --> 00:17:30,320 The 5th Amendment says you can't be forced to testify against 385 00:17:30,320 --> 00:17:32,000 yourself. You don't have to help the 386 00:17:32,000 --> 00:17:35,560 government prove their case. So if I'm arrested, I can refuse 387 00:17:35,560 --> 00:17:37,240 to answer any questions. Absolutely. 388 00:17:37,560 --> 00:17:39,520 You have the right to remain silent. 389 00:17:39,760 --> 00:17:43,880 Remember, anything you say can be used against you in court. 390 00:17:43,920 --> 00:17:46,720 And that's not just ATV thing. That's part of the Miranda 391 00:17:46,720 --> 00:17:47,920 warnings. Right. 392 00:17:47,920 --> 00:17:49,400 You have the right to remain silent. 393 00:17:49,880 --> 00:17:53,880 So if the police forget to read me my Miranda rights and I 394 00:17:53,880 --> 00:17:56,480 confess, can they use it against me? 395 00:17:56,520 --> 00:17:58,680 Maybe not. Confessions gotten without 396 00:17:58,680 --> 00:18:00,760 Miranda are usually not allowed in court. 397 00:18:00,760 --> 00:18:03,000 It's like food of the poisonous tree, tainted by the 398 00:18:03,000 --> 00:18:05,960 constitutional violation. So my confession is useless if 399 00:18:05,960 --> 00:18:07,560 they messed up the Miranda warnings. 400 00:18:07,600 --> 00:18:09,720 It might be. There are exceptions, like if it 401 00:18:09,720 --> 00:18:12,600 was truly voluntary or if there's a public safety issue, 402 00:18:12,600 --> 00:18:14,080 like if you say you know where a bomb is. 403 00:18:14,600 --> 00:18:17,880 But Miranda is really important in protecting against coerced 404 00:18:17,880 --> 00:18:18,760 confessions. OK. 405 00:18:18,760 --> 00:18:20,800 And the right to an attorney? What about that? 406 00:18:20,880 --> 00:18:22,360 That's another big part of Miranda. 407 00:18:22,680 --> 00:18:25,040 You have the right to have a lawyer with you during 408 00:18:25,040 --> 00:18:27,640 questioning, and if you can't afford one, they'll appoint more 409 00:18:27,640 --> 00:18:30,560 for you. So if I say I want a lawyer, the 410 00:18:30,560 --> 00:18:34,360 questions have to stop. Yes, we can't try to get you to 411 00:18:34,360 --> 00:18:38,600 change your mind either. No deals, no promises to get you 412 00:18:38,600 --> 00:18:41,440 to talk without your lawyer. It's all about making sure 413 00:18:41,440 --> 00:18:44,520 confessions are real, not forced, and that the police 414 00:18:44,520 --> 00:18:45,720 follow the rules. Right. 415 00:18:46,240 --> 00:18:47,760 OK. Anything else about the 5th 416 00:18:47,760 --> 00:18:49,320 Amendment we should know for the exam? 417 00:18:49,320 --> 00:18:51,400 Well, there's the Double Jeopardy Clause. 418 00:18:51,520 --> 00:18:54,800 Oh right, that means you can't be tried twice for the same 419 00:18:54,800 --> 00:18:57,400 crime after you've been acquitted or convicted. 420 00:18:57,480 --> 00:18:59,040 No second chances for the government. 421 00:18:59,320 --> 00:19:01,960 Not usually. It prevents harassment and 422 00:19:01,960 --> 00:19:05,400 ensures finality in cases. But there are some exceptions, 423 00:19:05,400 --> 00:19:08,320 like if the first trial ended in a mistrial because the jury 424 00:19:08,320 --> 00:19:12,280 couldn't agree, or if the same act violates both state and 425 00:19:12,280 --> 00:19:15,520 federal laws, you could be tried in both courts. 426 00:19:15,920 --> 00:19:20,000 So you could be acquitted of murder in state court, but then 427 00:19:20,000 --> 00:19:22,880 face federal charges for a civil rights violation based on the 428 00:19:22,880 --> 00:19:25,040 same killing. Yes, because it's a different 429 00:19:25,040 --> 00:19:27,440 sovereign. Wow, the 5th Amendment is 430 00:19:27,440 --> 00:19:30,840 serious business. OK, let's talk about the 6th 431 00:19:30,840 --> 00:19:32,360 Amendment. It's about a fair trial. 432 00:19:32,600 --> 00:19:35,000 It is. It outlines a bunch of rights to 433 00:19:35,000 --> 00:19:37,440 guarantee a fair trial. Things like the right to 434 00:19:37,440 --> 00:19:40,920 counsel, the right to a speedy in public trial, the right to 435 00:19:40,920 --> 00:19:43,840 confront witnesses, and the right to an impartial jury. 436 00:19:43,840 --> 00:19:46,480 So it's like a blueprint for how a trial should go. 437 00:19:46,560 --> 00:19:50,040 You could say that it sets the rules make sure the accused has 438 00:19:50,040 --> 00:19:51,760 a real chance to defend themselves. 439 00:19:51,760 --> 00:19:53,200 OK. So the right to counsel, what 440 00:19:53,200 --> 00:19:56,320 does that mean practically? It means you can have a lawyer 441 00:19:56,320 --> 00:20:00,560 at every step from arrest to trial, even appeal, and if you 442 00:20:00,560 --> 00:20:03,200 can't afford, 11 will be appointed for you. 443 00:20:03,440 --> 00:20:05,280 So no one has to go it alone. Right. 444 00:20:05,400 --> 00:20:07,360 The Supreme Court says it's a fundamental right. 445 00:20:07,560 --> 00:20:09,120 And what about the quality of the lawyer? 446 00:20:09,120 --> 00:20:11,120 Does the 6th Amendment guarantee a good one? 447 00:20:11,600 --> 00:20:14,880 It doesn't guarantee the best, but you have the right to 448 00:20:14,880 --> 00:20:18,640 effective assistance of counsel. If your lawyer was so bad that 449 00:20:18,640 --> 00:20:21,320 it messed up your case, you might be able to appeal. 450 00:20:21,600 --> 00:20:24,840 So if they show up drunk or forget to call a key witness, 451 00:20:25,360 --> 00:20:27,280 that's not good. No, that's not good. 452 00:20:27,600 --> 00:20:30,000 But it's hard to prove ineffective assistance of 453 00:20:30,000 --> 00:20:31,040 counsel. Got it. 454 00:20:31,040 --> 00:20:33,200 OK, let's talk about speedy trials. 455 00:20:33,440 --> 00:20:36,520 How speedy is Speedy? There's no magic number. 456 00:20:36,800 --> 00:20:39,880 Courts have to balance things like the complexity of the case, 457 00:20:40,080 --> 00:20:43,160 witnesses and any delay is caused by the defense. 458 00:20:43,760 --> 00:20:47,160 So if I keep asking for more time to prepare, that could 459 00:20:47,160 --> 00:20:48,840 backfire. It could, and you have to 460 00:20:48,840 --> 00:20:51,600 actually object to delays or the court might not see it as a 461 00:20:51,600 --> 00:20:52,520 violation. OK. 462 00:20:52,520 --> 00:20:56,000 So speedy is relative. What about the public trial 463 00:20:56,000 --> 00:20:57,640 guarantee? Does that mean my trial has to 464 00:20:57,640 --> 00:21:00,080 be on TV? No, not necessarily. 465 00:21:00,080 --> 00:21:02,800 It means it's open to the public and the press. 466 00:21:02,880 --> 00:21:05,560 No secret trials. Transparency is key. 467 00:21:05,680 --> 00:21:07,920 OK, what about confronting witnesses? 468 00:21:08,480 --> 00:21:11,560 That's a big one the defendant can cross examine witnesses 469 00:21:11,560 --> 00:21:13,120 against. Them so I get to face my 470 00:21:13,120 --> 00:21:14,360 accusers. You do. 471 00:21:14,360 --> 00:21:16,280 You can challenge their statements, bring up 472 00:21:16,280 --> 00:21:18,640 inconsistencies, even try to discredit them. 473 00:21:18,640 --> 00:21:21,400 It's all about making sure the prosecution's case is solid. 474 00:21:21,480 --> 00:21:24,080 Exactly. Now the right to an impartial 475 00:21:24,080 --> 00:21:26,040 jury, that's another fundamental principle. 476 00:21:26,160 --> 00:21:29,240 You should be judged by a group of your peers, ordinary people 477 00:21:29,240 --> 00:21:31,480 from the community. Makes sense, but how do they 478 00:21:31,480 --> 00:21:33,280 know the jury is actually impartial? 479 00:21:33,960 --> 00:21:36,440 Jury selection. Both sides get to question 480 00:21:36,440 --> 00:21:39,720 potential jurors and challenge anyone they think might be 481 00:21:39,720 --> 00:21:41,840 biased. So what are the types of 482 00:21:41,840 --> 00:21:44,080 challenges? You've got challenges for cause 483 00:21:44,080 --> 00:21:46,440 and peremptory challenges. Break it down for me. 484 00:21:46,600 --> 00:21:50,600 Challenge for cause is when you ask the judge to remove a juror 485 00:21:50,720 --> 00:21:53,840 because they're clearly biased or connected to the case, like 486 00:21:53,840 --> 00:21:57,000 they're related to the victim or they've said they think you're 487 00:21:57,000 --> 00:21:58,680 guilty. They can't be impartial. 488 00:21:58,680 --> 00:22:00,560 Right peremptory challenges are different. 489 00:22:00,560 --> 00:22:03,080 Each side gets to remove a certain number of jurors without 490 00:22:03,080 --> 00:22:05,120 giving a reason. So it's strategic. 491 00:22:05,280 --> 00:22:08,720 Exactly, but you can't discriminate based on race or 492 00:22:08,720 --> 00:22:12,240 gender when using those. OK, so I can't just strike all 493 00:22:12,240 --> 00:22:13,480 the men from the jury? Nope. 494 00:22:13,680 --> 00:22:16,640 The jury's got to be fair. Jury selection is a whole game 495 00:22:16,640 --> 00:22:18,800 in itself. Yeah, OK, so we've got those 496 00:22:18,800 --> 00:22:22,160 constitutional basics down. What about the actual process? 497 00:22:22,160 --> 00:22:24,200 What happens between arrest and trial? 498 00:22:25,120 --> 00:22:28,240 Well, there's a bunch of pretrial stuff that happens. 499 00:22:28,240 --> 00:22:30,400 It usually starts with an initial appearance right after 500 00:22:30,400 --> 00:22:31,960 you're arrested. So first time in court. 501 00:22:32,320 --> 00:22:35,520 Yep, they tell you the charges, your rights and usually set 502 00:22:35,520 --> 00:22:37,640 bail. And you mentioned a grand jury 503 00:22:37,640 --> 00:22:39,200 earlier. When does that happen? 504 00:22:39,320 --> 00:22:42,520 It depends on the state. Some use grand juries to decide 505 00:22:42,520 --> 00:22:44,080 if there's enough evidence to charge you. 506 00:22:44,480 --> 00:22:47,080 Others use preliminary hearings. What's the difference? 507 00:22:47,240 --> 00:22:49,480 A grand jury is a group of citizens. 508 00:22:50,080 --> 00:22:53,680 They meet in secret, hear the prosecution's side, and decide 509 00:22:53,680 --> 00:22:55,360 if there's enough evidence to indict you. 510 00:22:55,680 --> 00:22:57,640 You're not even there. Sounds a little 1 sided. 511 00:22:57,960 --> 00:22:59,960 It is. It's a lower standard of proof 512 00:22:59,960 --> 00:23:02,440 than at trial. So what about a preliminary 513 00:23:02,440 --> 00:23:03,680 hearing? Is that more balanced? 514 00:23:03,800 --> 00:23:05,760 A preliminary hearing is like a mini trial. 515 00:23:06,000 --> 00:23:09,640 The prosecution presents their case, but you can challenge them 516 00:23:09,640 --> 00:23:12,000 and a judge decides if there's enough to go forward. 517 00:23:12,240 --> 00:23:14,400 So I get to fight back a little at this stage. 518 00:23:14,400 --> 00:23:16,600 You. Do OK, So if there's enough 519 00:23:16,600 --> 00:23:19,320 evidence after the grand jury or preliminary hearing, what's 520 00:23:19,320 --> 00:23:20,480 next? We go to trial. 521 00:23:20,520 --> 00:23:22,760 Not yet. You have the arraignment first 522 00:23:22,760 --> 00:23:25,760 where they formally read the charges and you enter your plea. 523 00:23:25,920 --> 00:23:30,000 Guilty or not guilty, right? And if you plead not guilty, 524 00:23:30,600 --> 00:23:32,280 there's still a lot to do before trial. 525 00:23:32,280 --> 00:23:35,000 Discovery is a big part of it. What's Discovery? 526 00:23:35,320 --> 00:23:38,040 That's where both sides exchange information about the case. 527 00:23:38,440 --> 00:23:41,000 No surprises at trial. So I know who's going to testify 528 00:23:41,000 --> 00:23:42,640 against me, what evidence they have. 529 00:23:42,640 --> 00:23:44,760 Exactly. The prosecution has to hand over 530 00:23:44,760 --> 00:23:48,760 all their evidence like police reports, witness statements, lab 531 00:23:48,760 --> 00:23:50,760 results. And what about the defense? 532 00:23:51,600 --> 00:23:54,080 Do we have to give the prosecution our evidence? 533 00:23:54,120 --> 00:23:56,720 You might have to tell them certain things, like if you have 534 00:23:56,720 --> 00:24:00,960 an alibi, but you can't be forced to reveal information 535 00:24:00,960 --> 00:24:03,600 that incriminates you thanks to the Fifth Amendment. 536 00:24:03,920 --> 00:24:06,760 Interesting. OK, so after discovery, are we 537 00:24:06,760 --> 00:24:08,960 finally ready for trial? Almost. 538 00:24:09,280 --> 00:24:11,560 But there's one more thing Plea bargaining. 539 00:24:11,760 --> 00:24:15,400 Plea bargains, they seem a bit, I don't know, secretive, like 540 00:24:16,040 --> 00:24:18,000 justice is being traded. They can be. 541 00:24:18,000 --> 00:24:20,480 It's an agreement between the prosecution and the defense 542 00:24:20,720 --> 00:24:24,080 where the defendant pleads guilty, often to a lesser charge 543 00:24:24,080 --> 00:24:25,680 in exchange for a lighter sentence. 544 00:24:25,680 --> 00:24:27,880 So you avoid the risk of a trial. 545 00:24:28,040 --> 00:24:29,920 Exactly. It can be good for both sides, 546 00:24:29,920 --> 00:24:32,800 but it's controversial because it can pressure people to plead 547 00:24:32,800 --> 00:24:35,240 guilty even if they're innocent. Tough choice. 548 00:24:35,480 --> 00:24:38,240 It is, but plea bargains are super common. 549 00:24:38,320 --> 00:24:40,960 Most cases end with a plea, not a trial. 550 00:24:41,080 --> 00:24:43,640 OK. So initial appearance, grand 551 00:24:43,640 --> 00:24:47,840 jury or preliminary hearing or arraignment, discovery, plea 552 00:24:47,840 --> 00:24:50,360 bargaining, now we're ready for trial. 553 00:24:50,400 --> 00:24:54,080 We are the trials where it all happens, the prosecution 554 00:24:54,080 --> 00:24:57,600 presents their case, the defense challenges it, and we hopefully 555 00:24:57,600 --> 00:24:59,960 find out the truth. That's like a real legal battle. 556 00:25:00,040 --> 00:25:03,320 It can be, and we'll dive into all the details of a trial next 557 00:25:03,320 --> 00:25:04,920 time. Welcome back. 558 00:25:05,480 --> 00:25:08,040 When we left off, we were talking about that speedy trial 559 00:25:08,040 --> 00:25:09,520 guarantee from the 6th Amendment. 560 00:25:09,560 --> 00:25:12,960 Right, to prevent those crazy delays, but how speedy is 561 00:25:12,960 --> 00:25:15,240 speedy? Is there like an actual 562 00:25:15,240 --> 00:25:17,480 deadline? Well, no hard and fast rule. 563 00:25:17,480 --> 00:25:18,800 You know, courts got to balance things. 564 00:25:18,800 --> 00:25:22,280 The complexity of the case witnesses any delays the defense 565 00:25:22,280 --> 00:25:24,480 might cause. So if I keep asking for more 566 00:25:24,480 --> 00:25:26,520 time, those delays could work against me. 567 00:25:26,680 --> 00:25:28,320 They could. You really have to stay on top 568 00:25:28,320 --> 00:25:29,400 of it. You got to object to those 569 00:25:29,400 --> 00:25:31,920 delays, otherwise the court might not see it as a problem. 570 00:25:31,920 --> 00:25:34,200 Speedy is a relative term, I guess. 571 00:25:34,400 --> 00:25:36,200 OK, what about that public trial guarantee? 572 00:25:36,200 --> 00:25:37,760 Does that mean cameras in the courtroom? 573 00:25:37,960 --> 00:25:40,320 Not quite. It means the proceedings are 574 00:25:40,320 --> 00:25:42,040 open to the public and the press. 575 00:25:42,400 --> 00:25:45,960 You know, no secret trials. Got to keep things transparent. 576 00:25:45,960 --> 00:25:48,000 So like those Star Chamber trials, those are out. 577 00:25:48,120 --> 00:25:50,480 Gone. Transparency is key. 578 00:25:50,800 --> 00:25:54,520 Of course there are some limited exceptions, like if a witness 579 00:25:54,520 --> 00:25:57,640 needs protection or there's some super secret information. 580 00:25:57,720 --> 00:26:00,160 Gotcha. OK What about the right to 581 00:26:00,160 --> 00:26:02,240 confront witnesses? What does that actually look 582 00:26:02,240 --> 00:26:04,960 like in practice? Well, it means you get to cross 583 00:26:04,960 --> 00:26:07,720 examine the witnesses who are testifying against you. 584 00:26:08,080 --> 00:26:11,720 You can challenge what they say, point out any inconsistencies, 585 00:26:11,800 --> 00:26:14,680 even try to discredit them. That's how you test the 586 00:26:14,680 --> 00:26:17,320 prosecution's case. So it's not just A1 sided story. 587 00:26:17,320 --> 00:26:19,560 Not at all. You get to see and hear them. 588 00:26:19,560 --> 00:26:22,280 Your lawyer can question them, bring up other evidence to 589 00:26:22,280 --> 00:26:23,000 contradict. Them. 590 00:26:23,000 --> 00:26:24,520 OK, that makes sense. Now. 591 00:26:24,640 --> 00:26:28,080 Last one for the 6th Amendment, the right to an impartial jury. 592 00:26:28,120 --> 00:26:30,120 That one seems pretty clear. Right. 593 00:26:30,160 --> 00:26:32,840 But it's really important. The idea is you're judged by a 594 00:26:32,840 --> 00:26:35,120 group of everyday people from your community. 595 00:26:35,120 --> 00:26:38,440 OK, but how do they make sure the jury is really impartial? 596 00:26:38,600 --> 00:26:40,440 That's where jury selection comes in. 597 00:26:41,360 --> 00:26:45,560 Both sides get to question potential jurors, you know, Ask 598 00:26:45,560 --> 00:26:48,760 them about their backgrounds, experiences, opinions, and then 599 00:26:48,760 --> 00:26:51,680 they can challenge anyone they think might be biased. 600 00:26:51,680 --> 00:26:53,880 Okay, so how does that challenging work? 601 00:26:54,000 --> 00:26:55,560 Well, there are two types of challenges. 602 00:26:56,000 --> 00:26:59,280 Challenges for cause and peremptory challenges. 603 00:26:59,320 --> 00:27:01,640 What's the difference? A challenge for cause is when 604 00:27:01,640 --> 00:27:04,880 you ask the judge to excuse a juror because they're clearly 605 00:27:04,880 --> 00:27:07,720 biased or they're connected to the case somehow. 606 00:27:07,800 --> 00:27:10,520 So like they know the victim or the defendant? 607 00:27:10,600 --> 00:27:13,560 Yeah, or maybe they've publicly said something about the case, 608 00:27:13,560 --> 00:27:15,200 something that shows they can't be fair. 609 00:27:15,320 --> 00:27:17,920 So it's pretty straightforward, you just got to show they can't 610 00:27:17,920 --> 00:27:19,640 be impartial. What about peremptory 611 00:27:19,640 --> 00:27:21,600 challenges? Those are more strategic. 612 00:27:21,760 --> 00:27:24,600 Each side gets a limited number and you don't have to give a 613 00:27:24,600 --> 00:27:25,880 reason. Oh, interesting. 614 00:27:25,880 --> 00:27:29,280 So you could use those to get rid of jurors you think might 615 00:27:29,280 --> 00:27:33,440 not favor your side you. Could, but there are limits. 616 00:27:33,520 --> 00:27:36,160 You can't discriminate based on race or gender. 617 00:27:36,440 --> 00:27:40,680 OK, so no striking all men from the jury just because I think 618 00:27:40,680 --> 00:27:43,040 they'll be tougher. Nope, can't do that. 619 00:27:43,560 --> 00:27:46,320 Jury selection is all about making sure the jury is fair and 620 00:27:46,320 --> 00:27:48,680 representative, a real balancing act. 621 00:27:49,000 --> 00:27:52,080 So we've talked about the 4th, 5th, and 6th amendments, but 622 00:27:52,080 --> 00:27:55,040 what happens between getting arrested and actually going to 623 00:27:55,040 --> 00:27:56,960 trial? That's where pretrial procedures 624 00:27:56,960 --> 00:27:58,640 come in. It usually starts with an 625 00:27:58,640 --> 00:28:01,160 initial appearance, happens soon after the arrest. 626 00:28:01,240 --> 00:28:03,120 First time in court, right? Exactly. 627 00:28:03,400 --> 00:28:07,280 The judge tells you the charges, explains your rights, might set 628 00:28:07,280 --> 00:28:08,280 bail. OK. 629 00:28:08,480 --> 00:28:10,640 And you mentioned grand juries. Where do those fit in? 630 00:28:10,680 --> 00:28:13,840 Depends on the state. Some use them to decide if 631 00:28:13,840 --> 00:28:16,480 there's enough evidence to officially charge you, while 632 00:28:16,480 --> 00:28:19,520 others use preliminary hearings. OK, so what's difference? 633 00:28:19,920 --> 00:28:21,880 The grand jury is a group of citizens. 634 00:28:21,880 --> 00:28:25,280 They meet privately, only hear the prosecution side, and they 635 00:28:25,280 --> 00:28:27,040 decide whether to issue an indictment. 636 00:28:27,280 --> 00:28:31,040 So no defense, just the prosecution laying out their 637 00:28:31,040 --> 00:28:31,760 case. Right. 638 00:28:31,800 --> 00:28:34,480 And the standard of proof is lower than at a trial. 639 00:28:34,680 --> 00:28:37,000 What about preliminary hearings? Are those different? 640 00:28:37,200 --> 00:28:39,920 Those are more like a mini trial open to the public. 641 00:28:40,160 --> 00:28:43,040 The prosecution presents evidence, but the defendant can 642 00:28:43,040 --> 00:28:45,160 challenge them, cross examine witnesses. 643 00:28:45,640 --> 00:28:48,440 The judge decides whether there's enough evidence to move 644 00:28:48,440 --> 00:28:50,720 forward. So the defense gets a chance to 645 00:28:50,720 --> 00:28:52,280 push back a bit. Exactly. 646 00:28:52,280 --> 00:28:55,200 They can challenge evidence, try to show the prosecution doesn't 647 00:28:55,200 --> 00:28:58,120 have a strong case. So after the grand jury or 648 00:28:58,120 --> 00:29:01,600 preliminary hearing, if there's enough evidence, what then? 649 00:29:01,760 --> 00:29:04,760 Then you have the arraignment, they officially read the charges 650 00:29:04,920 --> 00:29:09,240 and you enter your plea. Guilty or not guilty? 651 00:29:09,400 --> 00:29:12,320 And if you plead not guilty, that's when we go to trial. 652 00:29:12,400 --> 00:29:14,400 Not so fast. We're not there yet. 653 00:29:14,400 --> 00:29:16,280 There's still discovery. Discovery. 654 00:29:16,280 --> 00:29:18,960 What's that all about? That's where both sides share 655 00:29:18,960 --> 00:29:21,560 information about the case. You know all the evidence. 656 00:29:21,560 --> 00:29:23,920 So no one surprised at trial. Ideally not. 657 00:29:23,920 --> 00:29:26,600 It's all about fairness, making sure everyone can prepare. 658 00:29:26,800 --> 00:29:29,880 No trial by ambush. So the prosecution has to turn 659 00:29:29,880 --> 00:29:32,920 over everything they have. Yeah, police reports, witness 660 00:29:32,920 --> 00:29:35,920 statements, lab results, everything. 661 00:29:35,920 --> 00:29:37,520 What about the defense? Do we have to give the 662 00:29:37,520 --> 00:29:40,960 prosecution all our evidence to? Maybe some things, like if 663 00:29:40,960 --> 00:29:44,440 you're planning to use an alibi, but you have more limited 664 00:29:44,440 --> 00:29:47,920 obligations than the prosecution thanks to that Fifth Amendment 665 00:29:47,920 --> 00:29:50,080 protection against self incrimination. 666 00:29:50,080 --> 00:29:51,960 Right. Can't be forced to give them 667 00:29:51,960 --> 00:29:53,920 evidence that helps them convict me. 668 00:29:54,440 --> 00:29:57,720 Makes sense. So discovery's done. 669 00:29:57,720 --> 00:30:01,320 Are we ready for trial? Almost one more crucial step 670 00:30:01,800 --> 00:30:05,440 Plea bargaining. Plea bargains, they always seem 671 00:30:05,440 --> 00:30:08,840 a little, I don't know, underhanded, like backroom 672 00:30:08,840 --> 00:30:10,400 deals. Not real justice. 673 00:30:10,520 --> 00:30:13,560 They can be controversial. It's basically an agreement 674 00:30:13,560 --> 00:30:16,440 where the defendant pleads guilty, sometimes to a less 675 00:30:16,440 --> 00:30:19,720 serious charge, and in exchange they get a lighter sentence. 676 00:30:19,720 --> 00:30:22,240 So it's a way to avoid a trial and maybe get a better outcome. 677 00:30:22,440 --> 00:30:25,000 It can be, but you know, they can also be problematic. 678 00:30:25,000 --> 00:30:27,920 Some people feel pressured to plead guilty even if they didn't 679 00:30:27,920 --> 00:30:30,400 do it, because they're afraid of what might happen at trial. 680 00:30:30,400 --> 00:30:32,320 So it's a risk calculation. Kind of, yeah. 681 00:30:32,640 --> 00:30:35,200 But they're really common, in most cases actually, to get 682 00:30:35,200 --> 00:30:37,520 resolved through plea bargains, not trials. 683 00:30:37,680 --> 00:30:39,160 Wow, that's a lot to think about. 684 00:30:39,640 --> 00:30:42,400 So we've got the initial appearance, the grand jury or 685 00:30:42,400 --> 00:30:45,880 the preliminary hearing, then the arraignment, discovery, plea 686 00:30:45,880 --> 00:30:48,920 bargaining. Now we're finally ready for 687 00:30:48,920 --> 00:30:50,440 trial. Now we're talking. 688 00:30:50,560 --> 00:30:52,320 Trial is where it all comes together. 689 00:30:52,400 --> 00:30:55,840 The prosecution makes their case, the defense challenges it. 690 00:30:55,840 --> 00:30:57,080 It's. Like a legal showdown. 691 00:30:57,080 --> 00:30:59,800 Exactly, and it all starts with opening statements. 692 00:31:00,200 --> 00:31:03,960 So each side gets to preview their case, tell the jury what 693 00:31:03,960 --> 00:31:06,320 to expect. Right, The prosecution goes 694 00:31:06,320 --> 00:31:08,880 first. They lay out their theory, how 695 00:31:08,880 --> 00:31:10,240 they're going to prove their case. 696 00:31:10,480 --> 00:31:12,400 Remember, they have the burden of proof. 697 00:31:12,760 --> 00:31:15,360 They have to convince the jury beyond a reasonable doubt. 698 00:31:15,520 --> 00:31:17,080 Hi, Barr. So what about the defense? 699 00:31:17,080 --> 00:31:18,640 What do we do during our opening? 700 00:31:18,920 --> 00:31:21,320 Well, you try to poke holes in the prosecution's case, 701 00:31:21,440 --> 00:31:24,120 highlight anything that's weak or inconsistent. 702 00:31:24,280 --> 00:31:27,600 Maybe you point out that some witnesses aren't reliable, or 703 00:31:27,600 --> 00:31:29,480 there's another explanation for the evidence. 704 00:31:29,480 --> 00:31:32,160 So it's like setting the stage for our side of the story. 705 00:31:32,200 --> 00:31:35,280 Exactly. Open statements are your chance 706 00:31:35,280 --> 00:31:37,840 to make a good first impression on the jury. 707 00:31:38,160 --> 00:31:40,800 You know, frame the narrative in a way that helps your case. 708 00:31:40,960 --> 00:31:43,720 OK, openings are done. What happens next? 709 00:31:43,920 --> 00:31:46,480 Now it's Showtime. The prosecution starts 710 00:31:46,480 --> 00:31:50,240 presenting their case in chief. They call witnesses, bring in 711 00:31:50,240 --> 00:31:53,240 evidence. So they might have eyewitnesses, 712 00:31:53,240 --> 00:31:57,320 fingerprints, weapons, maybe even some experts to explain the 713 00:31:57,320 --> 00:31:59,400 technical stuff. Yep, they use everything they've 714 00:31:59,400 --> 00:32:02,240 got to try and prove their case. And what's the defense doing 715 00:32:02,240 --> 00:32:04,320 during all this? Just taking notes. 716 00:32:04,400 --> 00:32:06,760 Not at all. You get to cross examine each 717 00:32:06,760 --> 00:32:09,920 witness they call, challenge their statements, point out 718 00:32:09,920 --> 00:32:13,400 contradictions, maybe even try to make them look unreliable. 719 00:32:13,560 --> 00:32:15,360 So it gets pretty heated. It can. 720 00:32:15,560 --> 00:32:18,760 Cross examination is your chance to really test their case, 721 00:32:19,000 --> 00:32:21,000 create some doubt in the minds of the jurors. 722 00:32:21,200 --> 00:32:22,920 Makes sense. So the prosecution's done 723 00:32:22,920 --> 00:32:24,520 presenting their case. What happens then? 724 00:32:24,920 --> 00:32:28,880 Then it's the defense's turn. You present your case, call your 725 00:32:28,880 --> 00:32:31,320 witnesses, present your evidence, anything that helps 726 00:32:31,320 --> 00:32:33,960 your client. So we might call alibi 727 00:32:33,960 --> 00:32:37,680 witnesses, character witnesses, maybe our own experts to 728 00:32:37,680 --> 00:32:41,000 challenge their evidence. Exactly your strategy really 729 00:32:41,000 --> 00:32:43,000 depends on the case and what holes you've poked in the 730 00:32:43,000 --> 00:32:45,600 prosecution's story. Do we have to present anything 731 00:32:45,600 --> 00:32:47,800 at all? Can't we just say the 732 00:32:47,800 --> 00:32:50,120 prosecution didn't true their case so we're done? 733 00:32:50,280 --> 00:32:53,160 You can absolutely do that. Remember, the defendant is 734 00:32:53,160 --> 00:32:55,960 always presumed innocent and the burden of proof is on the 735 00:32:55,960 --> 00:32:58,000 prosecution. They have to prove it. 736 00:32:58,040 --> 00:33:00,640 You don't. You can present evidence, but 737 00:33:00,640 --> 00:33:03,600 you don't have to. OK, so both sides have presented 738 00:33:03,600 --> 00:33:04,920 their case. What's next? 739 00:33:05,560 --> 00:33:08,200 We're getting close to the finish line, closing arguments. 740 00:33:08,720 --> 00:33:11,760 This is each side's chance to sum everything up, make their 741 00:33:11,760 --> 00:33:14,840 final pitch to the jury. The prosecution goes first. 742 00:33:14,960 --> 00:33:18,000 They remind the jury of all their evidence, argue that it 743 00:33:18,000 --> 00:33:20,120 proves guilt beyond a reasonable doubt. 744 00:33:20,160 --> 00:33:22,400 And then the defense gets a chance to try to counter that. 745 00:33:22,640 --> 00:33:24,760 Right. You point out the weaknesses in 746 00:33:24,760 --> 00:33:26,920 their case. Raise those doubts. 747 00:33:27,120 --> 00:33:30,400 Remind the jury that your client is innocent until proven guilty. 748 00:33:30,400 --> 00:33:31,960 It's the last chance to sway the jury. 749 00:33:31,960 --> 00:33:35,480 Exactly after that, the jury goes into deliberations. 750 00:33:35,680 --> 00:33:38,440 So they get sent off to decide the defendant's fate behind 751 00:33:38,440 --> 00:33:41,240 closed doors, Yeah. The judge gives them 752 00:33:41,240 --> 00:33:43,960 instructions, explains the law, the charges, the burden of 753 00:33:43,960 --> 00:33:46,320 proof, all that, and then they're sequestered. 754 00:33:46,320 --> 00:33:49,080 They can't talk to anyone outside the jury, no outside 755 00:33:49,080 --> 00:33:51,040 influences. What are they doing in there all 756 00:33:51,040 --> 00:33:52,600 day? Just arguing. 757 00:33:52,800 --> 00:33:55,720 Well, they should be carefully going over all the evidence, 758 00:33:55,720 --> 00:33:58,520 talking about the testimony, the arguments. 759 00:33:59,040 --> 00:34:01,080 They have to come to a unanimous decision. 760 00:34:01,080 --> 00:34:03,480 Unanimous, so every single juror has to agree. 761 00:34:03,800 --> 00:34:08,120 In most criminal cases, yes. If even one disagrees, that's a 762 00:34:08,120 --> 00:34:10,199 hung jury and you have a mistrial. 763 00:34:10,280 --> 00:34:13,080 And what happens then? Do they just let the defendant 764 00:34:13,080 --> 00:34:14,960 go? No, the prosecution gets to 765 00:34:14,960 --> 00:34:17,960 decide if they want to try again with a new jury or just drop the 766 00:34:17,960 --> 00:34:20,639 charges. So a hung jury doesn't guarantee 767 00:34:20,639 --> 00:34:22,800 a win for the defendant. Not necessarily. 768 00:34:22,800 --> 00:34:24,920 It just means Round 2 is a possibility. 769 00:34:24,960 --> 00:34:27,600 Jury deliberations. They can be unpredictable, 770 00:34:27,600 --> 00:34:29,320 that's for sure. It all comes down to those 12 771 00:34:29,320 --> 00:34:30,920 people. A lot of pressure. 772 00:34:31,400 --> 00:34:34,120 Well, we're about out of time for this part of the deep dive. 773 00:34:34,199 --> 00:34:36,239 Looks like we'll have to continue this discussion next 774 00:34:36,239 --> 00:34:38,600 time, pick up with what happens after the verdict all. 775 00:34:38,800 --> 00:34:39,440 Right. Welcome back. 776 00:34:39,560 --> 00:34:42,560 Last time we left our jury hard at work trying to reach a 777 00:34:42,560 --> 00:34:44,199 verdict. Lots of pressure. 778 00:34:44,199 --> 00:34:48,040 It is right that verdict, guilty or not guilty, well, that sets 779 00:34:48,040 --> 00:34:51,000 everything in motion. So let's say they've come back, 780 00:34:51,000 --> 00:34:53,520 got their verdict. What happens next? 781 00:34:53,679 --> 00:34:56,800 Walk me through it. OK, so everyone's on edge, 782 00:34:56,800 --> 00:34:59,440 right? Judge reads the verdict and if 783 00:34:59,440 --> 00:35:01,680 it's not guilty, that's it. Case closed. 784 00:35:01,680 --> 00:35:04,280 Defendant goes free, double jeopardy kicks in. 785 00:35:04,480 --> 00:35:06,320 They can't be tried for that crime again. 786 00:35:06,320 --> 00:35:08,720 No matter what. Even if some new evidence pops 787 00:35:08,720 --> 00:35:13,200 up later, they're in the clear. Big win for the defense, but 788 00:35:13,200 --> 00:35:15,120 what about when the verdict is guilty? 789 00:35:15,680 --> 00:35:18,200 What's the next step? Well, things get a bit heavier, 790 00:35:18,200 --> 00:35:21,080 then it's time for sentencing and that can get pretty 791 00:35:21,080 --> 00:35:23,880 complicated. Because not every crime has like 792 00:35:24,280 --> 00:35:27,280 a set punishment. Right sentencing involves a lot 793 00:35:27,280 --> 00:35:30,200 of judgement calls by the judge. They look at the crime itself, 794 00:35:30,200 --> 00:35:32,560 the defendant's history, aggravating or mitigating 795 00:35:32,560 --> 00:35:34,920 factors, how the victim was impacted. 796 00:35:35,040 --> 00:35:37,760 So you could have two people who commit the same crime but they 797 00:35:37,760 --> 00:35:40,120 get totally different sentences. Absolutely. 798 00:35:40,120 --> 00:35:43,680 Think about two people convicted of robbery, a first timer 799 00:35:43,680 --> 00:35:46,280 struggling financially, really sorry for what they did. 800 00:35:46,560 --> 00:35:50,440 The other has a long rap sheet, violent history, no remorse. 801 00:35:50,440 --> 00:35:52,480 Yeah, I can see how those sentences would be different, 802 00:35:53,000 --> 00:35:55,280 but there are some limits on what a judge can do, right? 803 00:35:55,280 --> 00:35:57,360 Definitely. The 8th Amendment protects 804 00:35:57,360 --> 00:35:59,720 against cruel and unusual punishment. 805 00:36:00,360 --> 00:36:02,600 It can't be excessive. You know the punishment should 806 00:36:02,600 --> 00:36:05,200 fit the crime. So no life sentence for stealing 807 00:36:05,200 --> 00:36:08,280 a candy bar. Not going to fly, but judges do 808 00:36:08,280 --> 00:36:10,800 have options. There is prison, of course, but 809 00:36:10,800 --> 00:36:13,920 also probation where the defendant supervised has to 810 00:36:13,920 --> 00:36:16,320 follow certain rules. Like check in with a probation 811 00:36:16,320 --> 00:36:19,200 officer, drug testing, community service, that kind of thing. 812 00:36:19,240 --> 00:36:20,840 Yep, and judges can get creative. 813 00:36:20,840 --> 00:36:24,520 You know, fines, restitution, maybe mandatory counseling, 814 00:36:24,640 --> 00:36:26,320 right? What about those mandatory 815 00:36:26,320 --> 00:36:28,360 minimums we hear about? Doesn't that take away some of 816 00:36:28,360 --> 00:36:31,240 that judicial discretion? It does because mandatory 817 00:36:31,240 --> 00:36:34,200 minimums are set sentences for certain crimes, usually drug 818 00:36:34,200 --> 00:36:36,320 offenses or if a gun was involved. 819 00:36:36,840 --> 00:36:39,640 They're controversial because they tie the judges hands. 820 00:36:39,960 --> 00:36:43,720 So even if the judge thinks a shorter sentence is fair, they 821 00:36:43,720 --> 00:36:46,240 have to impose the minimum. Sometimes, yeah. 822 00:36:46,640 --> 00:36:49,120 It's one of the things that's led to our mass incarceration 823 00:36:49,120 --> 00:36:51,320 problem. And of course, there's the death 824 00:36:51,320 --> 00:36:52,720 penalty. Capital punishment. 825 00:36:52,720 --> 00:36:55,120 That's a whole other level reserved for the worst crimes, 826 00:36:55,120 --> 00:36:57,240 right? Usually murder with some 827 00:36:57,240 --> 00:37:01,200 aggravating circumstances. Yeah, highly controversial and 828 00:37:01,200 --> 00:37:05,120 the process is way more intense. Lots of safeguards, automatic 829 00:37:05,120 --> 00:37:08,640 appeals, high burden of proof. Very serious stuff. 830 00:37:08,640 --> 00:37:11,080 OK, so let's say the sentence is handed down. 831 00:37:11,080 --> 00:37:13,160 Is that the end of the road? Not always. 832 00:37:13,280 --> 00:37:16,400 The American system has ways to challenge a conviction or 833 00:37:16,400 --> 00:37:19,440 sentence, even after trial. It's called post conviction 834 00:37:19,440 --> 00:37:21,440 relief. So you can still fight back. 835 00:37:21,560 --> 00:37:24,920 You can. There are appeals and habeas 836 00:37:24,920 --> 00:37:27,320 corpus petitions. We've talked about those a bit, 837 00:37:27,320 --> 00:37:28,840 but maybe we could go into more detail. 838 00:37:29,040 --> 00:37:31,840 What's the difference between an appeal and habeas corpus? 839 00:37:31,840 --> 00:37:34,760 An appeal is a direct challenge to the conviction or sentence. 840 00:37:34,760 --> 00:37:37,080 Usually focus on something that went wrong during the trial 841 00:37:37,080 --> 00:37:38,480 itself. You're basically saying, hey, 842 00:37:38,480 --> 00:37:40,920 there was a mistake. Like the jury got bad 843 00:37:40,920 --> 00:37:43,840 instructions or some evidence shouldn't have been allowed. 844 00:37:44,000 --> 00:37:46,400 Exactly. The appellate court looks the 845 00:37:46,400 --> 00:37:49,880 whole trial record, the transcript, the evidence, to see 846 00:37:49,880 --> 00:37:52,120 if any errors might have affected the outcome. 847 00:37:52,480 --> 00:37:56,080 So if my lawyer totally messed up or the judge made a bad call, 848 00:37:56,360 --> 00:37:58,160 that could be grounds for an appeal. 849 00:37:58,160 --> 00:38:01,760 It could be, yeah, but they're not retrying the case from 850 00:38:01,760 --> 00:38:03,880 scratch. They're looking for significant 851 00:38:03,960 --> 00:38:06,440 errors that likely change the result. 852 00:38:06,480 --> 00:38:10,560 OK, I get that appeals are about fixing mistakes from the trial. 853 00:38:10,960 --> 00:38:13,720 What about habeas corpus? Habeas corpus is different. 854 00:38:13,720 --> 00:38:15,840 It's more about challenging whether you're being held 855 00:38:15,840 --> 00:38:18,080 legally at all. It's about saying, hey, my 856 00:38:18,080 --> 00:38:19,920 constitutional rights were violated. 857 00:38:20,080 --> 00:38:23,360 Even if you were found guilty, maybe there's near evidence or 858 00:38:23,360 --> 00:38:25,040 some issue wasn't addressed at trial. 859 00:38:25,040 --> 00:38:27,360 So it's like a final check to make sure no one's being locked 860 00:38:27,360 --> 00:38:29,640 up unfairly. You could say that it lets you 861 00:38:29,640 --> 00:38:32,520 go outside the trial court and ask a different court to take a 862 00:38:32,520 --> 00:38:35,080 look, like if you had ineffective assistance of 863 00:38:35,080 --> 00:38:39,680 counsel or the prosecution hit evidence, or there's new DNA 864 00:38:39,680 --> 00:38:41,200 evidence that changes everything. 865 00:38:41,440 --> 00:38:43,960 So it could be a powerful tool for people who feel like they've 866 00:38:43,960 --> 00:38:45,240 been wronged. It can. 867 00:38:45,800 --> 00:38:50,440 It's about making sure justice is truly served, you know, And 868 00:38:50,440 --> 00:38:53,800 that wraps up our deep dive into criminal law and procedure. 869 00:38:53,920 --> 00:38:57,400 We've covered a lot of ground. We have, from the elements of a 870 00:38:57,400 --> 00:39:02,400 crime to defenses, all the way through trial and beyond, lots 871 00:39:02,400 --> 00:39:04,840 to think about. It's a complicated system, but 872 00:39:04,840 --> 00:39:07,840 fascinating, right? Hopefully this gives you a good 873 00:39:07,840 --> 00:39:10,920 foundation for your studies and maybe even inspire some of you 874 00:39:10,920 --> 00:39:13,320 to become criminal lawyers. It's been great having you on 875 00:39:13,320 --> 00:39:14,800 the show, breaking it all down for us. 876 00:39:14,800 --> 00:39:16,080 Thanks for having me, it's been fun. 877 00:39:16,240 --> 00:39:18,200 And to our listeners, thanks for tuning in. 878 00:39:18,640 --> 00:39:20,480 Until next time, stay sharp.