AGENDA Current news Chapter 8

AGENDA Any last minute questions regarding your midterm paper? Finish up with Chapter 8 Slide 19

Courtroom Work Group and the Criminal Trial Who are all the people that are involved in a courtroom Chapter 8

Courtroom

Introduction The American criminal justice system is theater to the world Jodi Arias, convicted in 2013. Murder of her boyfriend Arias appeared as a petite woman during her trial and dressed like a school girl while on the stand.

Defense Deceptions

Trial Participants in a criminal trial can be divided into two categories: Professional and outsiders Judge Expert Witness Bailiff Court Reporter Jurors Lay Witness Clerk of the court Victim Prosecutor Defense Attorney Defendant Spectators and Press

JUDGE An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes decide cases and to conduct trials They also make sure the law is followed

JUDGE cont’d The Judge hold ultimate authority, ruling on matters of law, weighting objections from both sides and deciding on the admissibility of evidence and disciplining anyone who challenges the order in the court Elected or appointed Qualifications, hold a law degree, be a licensed attorney and be a member of their state bar association

District Attorney Elected official Head of the Prosecutor’s Office Riverside County DA Mike Hestrin

Prosecuting Attorney Their Title is Deputy District Attorney

Prosecuting Attorney An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses Direct testimony

Difference between Direct and Cross Testimony The primary difference between direct examination and cross-examination is that attorneys are parties are generally prohibited from using leading questions on direct examination, but they are permitted and even encouraged to use leading questions during cross-examination. a leading question or suggestive interrogation is a question that suggests the particular answer or contains the information the examiner is looking to have confirmed.

Prosecutorial Discretion “The prosecutor has more control over life, liberty, and reputation than any other person in America.” The decision-making power Prosecutor may decide to accept a plea bargain, divert the suspect to a public or private social service agency, ask the suspect to seek counseling, or dismiss the case entirely for lack of evidence or for a variety of other reasons

Exculpatory Evidence Any information having a tendency to clear a person of guilt or blame. Exculpatory evidence comes in a number of different forms.  It may be testimony from a witness who states that she saw someone other than the defendant commit the crime or that the defendant was with the witness when the crime occurred.  It may be real evidence or an object from the crime scene, such as fingerprints lifted from a weapon that don’t match the defendant’s fingerprints.  It may be security video footage that shows whoever committed the crime doesn’t match the description of the defendant. 

DEFENSE COUNSEL Defense Counsel Private Attorney $$$$ Court-Appointed Counsel Assigned Counsel Public Defenders Cross examination testimony

The Defense Counsel Defense Counsel 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

Public Defenders An attorney employed by a government agency or sub agency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who as volunteered such service

6th Amendment of the United States The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accuser are and the nature of the charges and evidence against you.  Miranda Rights: You have the right to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire

Impasse You may have heard this term in the news All an impasse is- “a situation in which no progress is possible, especially because of disagreement; a deadlock”

Impasse With jurors at an impasse on what sentence to recommend, a mistrial may be declared Another name is a mistrial

BAILIFF The court officer whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury. Also, to secure the defendants

Bailiff Cont’d They are law enforcement officers Duties in the court are to also say, “ Bailiff: Please rise. The Superior Court of the County of Riverside, is now in session, the Honorable Judge _________________________ presiding. Judge: Everyone but the jury may be seated. Ms./Mr. __________________________ (Bailiff's name), please swear in the jury.

Court Reporter Court Stenographer Court reporters create word-for-word transcriptions at trials, depositions, and other legal proceedings. How much do they make a year? $39,208-$71,124.

Clerk of the Court The clerk maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial. The clerk prepares a jury pool, issues jury summonses and subpoenas witnesses. During the trial, they mark the evidence and maintain custody of that evidence.

Voir Dire Legal Definition of voir dire There are two purposes for Voir Dire : a formal examination especially to determine qualification (as of a proposed witness) the judge admitted the witness's expert testimony after a voir dire by the attorney ; especially : the act or process of questioning prospective jurors to determine which are qualified (as by freedom from bias) and suited for service on a jury ** Police Officers may be asked to be “Voir Dire” in gang cases to testify. Also, narcotics, stolen vehicles, burglaries, etc. https://www.youtube.com/watch?v=3nGQLQF1b6I

What is a voir dire question? In common practice, "voir dire" describes the process of questioning potential jurors, by judge or litigator, in advance of a jury trial to uncover conflicts, biases or other reasons to dismiss the potential juror. The stated goal of voir dire is to impanel an impartial jury. Humor https://www.youtube.com/watch?v=Da7GSy-6mJY

Expert Witnesses A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. https://www.youtube.com/watch?v=Ei-EeDQyDS0

Lay Witness An eyewitness, also known as a character witness, or other person called on to testify who is not considered an expert Prosecutor will generally meet with victims and witnesses prior to court appearance What to expect Clear, precise directions

Subpoena Generally, there are two types Witness/Victim Subpoena and Subpoena, Duces Tecum ( subpoena for production of evidence) SDT A judicial process commanding a person to  appear in court and bring with him some  piece of evidence or other thing to be produced to the court.

Victim’ Assistance Program Provide Various Services Accompany victims and witnesses to court Assist in reimbursement forms Pay for court parking Temporary housing in the event of a threat Transportation to and from court Food, lunch vouchers

Jurors Selected from a Citizen Pool A member of a trial or grand jury who has been selected for duty and is required to serve

The Victim He or she is often one of the most forgotten people in the courtroom. Hardships Uncertainty as to their role in CJS Lack of knowledge in court proceedings Trial delays, missed work etc. Fear of defendant or retaliation from defendants associates Trauma of testifying and of cross examination

Defendant Don’t ever #@%%*&$ with a JUDGE https://www.youtube.com/watch?v=VTbQLMXwlXM https://www.youtube.com/watch?v=ouABR1_N4Ig

Spectators

Media

WTH??

Change of Venue The transfer of a case from a court in one location to a court in another, or from one court to another in the same judicial district, for reasons of fairness or for the convenience of the parties or the witnesses

The Criminal Trial Our system of justice are built around an adversarial system (Prosecution v. Defense) Trial Initiation Jury Selection Opening Statements Presentation of Evidence Closing Arguments Judge’s charge to the jury Jury Deliberations Verdict (of a trial or legal procedure) in which the parties in a dispute have the responsibility for finding and presenting evidence.

Speedy Trial Requirements Jury Selection Challenges Opening Statements Trial Initiation Speedy Trial Requirements Jury Selection Challenges Opening Statements Prosecution Defense Trial Initiation Speedy Trial Requirements Verdict Jury Deliberations Judge’s Charge to the Jury Closing Arguments

JURY Questioner

Evidence Anything useful to a judge or jury Witness testimony, written documents, videotapes, physical objects, etc. Physical Evidence Circumstantial Evidence

Hearsay Something that is not based on the personal knowledge of a witness. (Something they heard) Hearsay Rule-Bring the person who was the original source of the hearsay information be brought into court to be questioned and cross-examined.

Questions?