Discussion on Post-Conviction Process – Philosophies and Sanctions

Answer each question.

1. Burden of proof is the task of convincing a decision-maker that a given version of the facts is true. There are two concepts of burden of proof.

First, the burden of producing evidence. Second, the burden of persuasion.

Both burdens rest on the prosecution but the burden of producing evidence may also involve the defense in the case.

Given an example of one of the burdens placed on the prosecutor.

2. When the emphasis on forensic science started appearing frequently in television shows [such as the popular CSI, CSI-New York, CSI-Miami], and movies,[ such as The Bone Collector, Code 33, Pathology, et al], a phenomenon called the “CSI effect” was born with juries. How does the CSI effect enter into a defense strategy? How would you use it in preparing your defense of the defendant?

3. A few common defense motions (requests of the court to make a legal ruling on a limited legal issue in the case without ruling on the general issue of guilt or innocence) are shown below:

a. Motion to dismiss

b. Motion for continuance

c. Motion for severance of defendants or offenses

d. Motion to suppress evidence or statement/s/

Select ONE motion and discuss how it would be important to your defense strategy preparation-best done by use of an example.

Using the following as a reference: Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.

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