Trial Courts.

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Presentation transcript:

Trial Courts

Why Do I Need to Know This? Because if you ever are arrested for a crime, your case will begin in a trial court. Because if you ever need to sue someone for money, your case will begin in a trial court. Because only the trial court can determine the issues of fact in the case.

Trial Courts Listen to testimony, consider evidence, decide facts 2 parties: Plaintiff/Prosecutor v. Defendant Evidence provided by witnesses Once trial court decision is made, losing party may appeal to an appellate, or appeals, court ONLY IF an “error of law” was allegedly committed Procedural or Constitutional error Accuser in Civil Accuser in Criminal

Two Main Court Systems Adversarial Inquisitional

Adversarial Inquisitional

Inquisitional Court System Used in European countries THEORY: Judge will be able to determine truth by actively questioning witnesses & controlling court process, including the gathering & presenting of evidence Ex: Judge Judy… Lower “court” that uses the inquisitional system

Adversarial Court System Used by the United States Contest between opposing sides, or adversaries THEORY: Judge/Jury will be able to determine truth if each side presents their best arguments & expose weaknesses of opponent Decision made by judge or jury based on evidence presented

Criticism of the Adversarial System Critics claim… Not the best method for discovering truth w/ regards to facts Lawyers act as enemies, making every effort NOT to present ALL evidence Goal is victory, NOT truth or justice Supporters claim… Approaching same set of facts from two different perspectives will uncover more truth than other systems

Judges Presides over trial Acts like a “referee” for the trial Protects rights of those involved Makes sure rules of evidence are followed Determines facts of the case & renders judgment (NONJURY TRIAL ONLY) Instructs jury Sentences convicted criminals

Jury Selection

Juries 6th Amendment = Right to trial by jury 7th Amendment = Right to trial by jury in civil cases at the federal level Juries not used as often as you’d think… Criminal cases  defendant decides whether or not to have jury Many criminal cases never brought to trial (plea bargains) Civil cases  many result in out-of-court settlements or bench trials 6-12 Persons Federal criminal cases require 12 Require unanimous verdict in criminal cases

Jury Duty Must be… A US citizen At least 18 Able to speak and understand English A resident of the applicable state

Jury Selection Voir dire examination: Potential jurors questioned by both sides to determine which ones best fit their case Peremptory challenge: Certain #, pre-determined, that can be dismissed without giving reason Much research goes into this Removal for cause: Asking for a juror to be dismissed b/c he or she is “incapable of rendering a fair and impartial verdict” http://www.youtube.com/watch?v=9enPC37mHrM

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