Pretrial and Courtroom Procedures Principles of LPSCS

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Warm Up 12/03/15 Do you believe that marijuana is a “gateway drug”? A gateway drug is defined as a habit-forming drug that, while not itself addictive, may lead to the use of other addictive drugs. 2

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Phases of a Trial Pretrial phase – The judge determines if the defendant will be allowed bail or pretrial release – Pretrial release is the threat to society versus the rights of the accused – The preliminary hearing or grand jury convenes to determine if probable cause exists in order to go to trial – An Information or an Indictment is issued – The defendant enters a plea 3

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Phases of a Trial (continued) Trial phase – The jury is selected – The evidence is presented by both the prosecution and the defense – A verdict is reached 4

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Phases of a Trial (continued) Sentencing phase – The judge or the jury determines what sentence is appropriate based on the sentencing guidelines – The judge has some discretion in sentencing – The jury is given a sentence range to decide the actual sentence of the defendant 5

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial Proceedings Preliminary Hearing – Open proceedings used to establish probable cause – The information presented can be challenged – If probable cause exists then an Information is issued – Information – the formal document charging an individual with a crime 6

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial Proceedings (continued) Grand Jury – Closed proceedings used to establish probable cause – Proceedings are used in Texas – The evidence presented cannot be challenged – If probable cause is found, then an Indictment is issued – Indictment – the formal document charging an individual with a crime 7

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pleas Guilty – This is an admission of some level of responsibility for the crime – A guilty plea stops the process and moves it to the sentencing phase – The goal of a trial is to establish guilt or innocence; if the defendant admits guilt, there is no reason to proceed with the trial phase 8

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pleas (continued) Not Guilty – This plea can be entered by a defendant that has not committed a crime, or – By a defendant that is trying to fight the charges 9

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pleas (continued) Nolo contendo – There is a big misconception about pleading “No Contest” – Nolo contendo is a plea of guilt – The only difference between a plea of nolo contendo and a plea of guilty is that the judge is responsible for the sentencing at the sentencing phase of the trial 10

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Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial and Courtroom Procedures Jury Selection – The trial phase begins with the jury selection; without a jury, the trial cannot begin – In order to select a jury, the attorneys use a process called “voir dire” Voir dire means to “say the truth” This is the process by which the attorneys question the jurors to ensure that the accused gets the most impartial jurors 12

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial and Courtroom Procedures (continued) Courtroom Procedures – Opening statements Both the prosecutor and the defense make opening statements to the court The opening statements allow the evidence to be presented to the court They are also used to “educate the jury” – Direct examination The prosecution calls all of its witnesses to provide evidence The testimony should utilize the witness’ senses and knowledge – Cross examination The defense has an opportunity to question the prosecution’s witnesses The process then reverses 13

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial and Courtroom Procedures (continued) Courtroom Procedures (continued) – Rebuttal – the prosecution is allowed to present witnesses to refute the testimony presented by the defense’s witnesses during the defense’s direct examination – Closing arguments Both the prosecution and the defense give their closing arguments This is an opportunity for both sides to argue the facts of the case – The judge instructs the jury on the law – The jury is dismissed to deliberate – The verdict is announced 14

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial and Courtroom Procedures (continued) Stand when addressing the court or judge Before you begin with any statements, say, “May it please the court” Do not use foul language unless quoting someone Follow all of the instructions given by the court 15

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Pretrial and Courtroom Procedures (continued) Always stand when making an objection – Objection – means the defense disagrees with the prosecution or vice versa – There must be a legal reason for objecting to the evidence or statement – The judge will rule on the objection and answer one of two ways Sustained – The person on the stand may not answer the question – The attorney must ask a different question Overruled – The person on the stand may go ahead and answer the question – The judge is going to allow the testimony 16

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Verdicts Guilty – the jury has determined that evidence exists beyond a reasonable doubt that the accused has committed the crime Not Guilty – the jury has determined that the prosecution did not prove beyond a reasonable doubt that the accused committed the crime Mistrial (hung jury) – No matter how many times the judge sends the jury back to deliberate, they cannot reach a unanimous decision on the verdict – The process starts over with a new trail at a later date 17

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Criminal Defenses Alibi – the accused claims that he or she did not commit the crime Self Defense – the accused committed the crime, but his or her actions were justified Insanity – the accused committed the crime, but cannot be held responsible 18

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Sentencing Phase If the defendant is found guilty of a misdemeanor, the judge determines the sentence given If the defendant is found guilty of a felony charge, the trial then proceeds to the sentencing phase Mitigating Circumstances – circumstances presented at the sentencing that have the potential to decrease the punishment a person receives for the crime Aggravating circumstances – circumstances presented at the sentencing that have the potential to increase the punishment a person receives for a crime 19

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Sentencing Options Probation Prison Death Fines and/or restitution Letter of apology Community service 20

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Juvenile Procedures Juveniles are not eligible for bail Juveniles are released or detained based on the seriousness of their crime and their threat to society Arraignments – pretrial proceedings for juveniles Adjudication hearing – the trial phase for juveniles – Informal, but closed – Similar to the trial phase in the adult system, except there are no opening and closing statements – The judge decides guilt or innocence 21

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Resources Dallas Bar Association, High School Mock Trial Furris, Nicholas, director. Order in the Court Video. Cambridge Educational Production, ces/Pages/mock_trials.aspx ces/Pages/mock_trials.aspx center/american-jury center/american-jury 22