Clara Harris and the Deadly Drive
1.) This involves a criminal case since Harris has been charged with first-degree murder which is punishable under the Texas Penal Code.
2.) Harris committed the crime of capital murder after killing her husband when she ran over him with her automobile. The acts of Harris fall within the definition of capital murder under the Texas Penal Code.
3.) Under the Texas Penal Code, Harris committed the crime of capital murder when she killed her husband by running him over using her automobile. Harris had intentionally and knowingly caused the death of her husband when she ran over him with her car with the intention to cause serious bodily injury which endangered her husband’s life his caused his death.
4.) The parties in the case are Clara Harris as the defendant and the state of Texas as the complainant.
5.) The party who has the burden of proof in this case is the prosecution to prove the guilt of the Harris beyond reasonable doubt for the crime of capital murder.
6.) The standard of proof that is used in criminal cases is proof beyond reasonable doubt. It is the state through the prosecution which has the burden of proving its case beyond reasonable doubt. Hence, the state must be able to prove that Harris has committed every essential element of capital murder with which she is being charged. if the jurors are not convinced that the defendant’s guilt is beyond reasonable doubt, Harris should be acquitted. In a criminal case, the jury must reach a unanimous verdict to convict the defendant (Miller 161).
7.) The case should be tried in a state court since a criminal case is involved which falls under its jurisdiction. The state courts are tasked to hear most of the criminal cases. The state courts have the responsibility to interpret their own laws. In this case, the state of Texas has the burden to prove that the defendant committed capital murder and has violated the Texas Penal Code.
8.) The district courts of the state of Texas that has the task to conduct the trial of this criminal case.
9.) The judge of this court hearing this criminal case shall be chosen for his or her position based on personal profile based on his or her character, educational attainment, social factors and having no personal biases. The judge must be equipped with these characteristics and qualifications before being chosen as the sitting judge to hear cases.
10.) The court which will review the decision of the district court on initial appeal shall be the Court of Appeals. The Court of Appeals, being an appellate court will determine whether the decision of the district court is correct, after finding Ms. Harris guilty for the crime of capital murder and imposing a sentence of 20 years imprisonment. During the appeal, Harris, being the losing party will ask the Court of Appeals to revisit the case and to issue a judgment on the basis of a particular issue of law.
11.) The Texas Supreme Court is the court which will less likely hear the appeal of this case since it is not a trier of facts. The Texas Supreme Court does not possess the authority to provide the final interpretation of the state laws. The Texas Supreme Court can define its own laws, provided that the definition is not inconsistent with the U.S. Constitution.
Works Cited:
Miller, Roger LeRoy. Business Law Today: The Essentials. California: Cengage, 2012.
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