 Judge  Prosecutor  Defense Attorney 2 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with.

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Presentation transcript:

 Judge  Prosecutor  Defense Attorney 2 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Bailiff  Clerk  Court Reporter 3 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Jury  Defendant  Victim  Witnesses 4 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

JUDGE- An elected or appointed public official who presides over a court of law, conducts trials, and sometimes decides cases.  Main Duty: To ensure justice is done!  Makes Rulings: Decides on the admissibility of evidence; rules on objections and motions  Keeps control in the courtroom  Bench trial  Sentencing 5 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Have a law degree (in most cases) › Juris Doctorate  Be a licensed attorney  Be a member of the State Bar  Receive proper training 6 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Appointed by the governor  Popular election  Hired  The Missouri Plan 7 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

PROSECUTOR - An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of committing criminal offenses. Also called  District Attorney  State’s Attorney 8 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Presents information or evidence to a grand jury  Prosecutorial discretion  Questions witnesses for the state  Requests guilty verdicts or convictions  Represents the state in appeals 9 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

DEFENSE ATTORNEY - A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime, and to represent him or her before a court of law.  Represents the person accused of committing a crime  Plea bargains  Prepares the defense  Questions witnesses › Directs own › Cross-examines the state’s 10 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Disputes claims made by the prosecutor  Sentencing  Files Appeals  Argues Appeals 11 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

TYPES OF DEFENSE ATTORNEYS  Private attorneys hired by a defendant  Court-appointed attorneys  Public Defenders 12 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 BAILIFF - The court officer whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury.  Keeps order in the courtroom  Secures witnesses  Maintains physical control over the defendant if not released on bail  Announces the judge’s entry 13 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

CLERK - A government employee who works directly with the trial judge, and who is responsible for court paperwork and records, before and during the trial.  Works directly with the trial judge  Responsible for court paperwork and records before and during the trial 14 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

COURT REPORTER- A stenographer who transcribes every word spoken during a trial.  Stenographer  Maintains a written record of all court proceedings › Transcribes every spoken word during the trial  Transcripts are necessary for appeals 15 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 JURY - A group of citizens selected and sworn, according to law, to inquire about certain facts about the evidence presented to them. Based on those findings, the jury is expected to find the defendant “guilty” or “not guilty.” Prospective jury members are called one at a time and are questioned by both sides to determine suitability. Jurors are expected to be unbiased and free of preconceived notions about guilt or innocence.  Selection: › Voir Dire Challenges  To the Array  For Cause  Peremptory 16 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

DEFENDANT - a person against whom a criminal complaint or indictment is filed: the “accused.”  The “accused”  The person against whom a criminal complaint or indictment is filed 17 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

VICTIM - A person who has either suffered death, serious physical or mental suffering, or loss of property resulting from actual or attempted criminal actions committed by others.  Crime committed against  Suffered death or serious physical or mental suffering OR  A loss of property resulting from the actual or attempted criminal actions of others

WITNESSES - A person whose declaration under oath (testimony) is received as evidence. The witness has personal knowledge of a fact as perceived by or through any of his or her senses (sight, hearing, smell, touch, or taste) and is then able to communicate this information or knowledge verbally or in writing.  Sworn testimony received as evidence  Have personal knowledge of the facts  Types of Witnesses › Expert › Lay 19 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

EXPERT WITNESSES - A person who has special knowledge and skills recognized by the court as relevant to determine guilt or innocence. Unlike lay witnesses, expert witnesses may express opinions or draw conclusions in their testimony.  Have special knowledge and skills recognized by the court  May express opinions or draw conclusions  Usually paid 20 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

LAY WITNESSES  Eyewitnesses  Character Witnesses  Not considered experts  May testify ONLY to the facts 21 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

WORK TOGETHER TOWARD A COMMON GOAL: EFFICIENT CONCLUSION TO A CASE 22 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 X, Allyn & Bacon, Criminal Justice, 2006, James Fagin  Law Focused Education, Inc. game_intro.html game_intro.html 23 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.