The Court System Going to trial

Bill of Rights: Guarantees 6th Amendment: the right to a trial by jury in criminal cases (6 mo+ imprisonment) in both federal and state courts AND consul (Gideon) AND speedy and public trial AND right to confront witnesses 7th Amendment: the right to a trial by jury in civil cases at the federal level

Court cases Gideon v Wainright (1963)- In re Gault- Scott v.- Ross v.-

The Courts Adversarial system- lawyers represent their clients and try to convince the jury/ judge Defendant (the person being charged {criminal} or sued {civil}) Prosecutor (the person bringing the charges in a criminal case) Plaintiff (the person bringing the charges in a civil case)

The Constitution Art III, Sec. 2: Federal Judiciary “Trial of all crimes… shall be by jury…Supreme court will settle disputes between the states… Congress establishes all other courts as necessary”

Dual Court System Federal Small part of American judicial system Plays a limited role in justice Drugs- 29% of all federal cases Civil suits take majority of court time- bankruptcy, copyright and patents, postal fraud, etc

Dual Court System State Courts of limited jurisdiction Civil cases dominate court dockets Personal injury, probate/ estate, domestic (largest) Most crimes/ cases are a violation of state law Individuals and small businesses Courts of limited jurisdiction Inferior courts- traffic (majority), small claims, misdemeanor… Courts of general jurisdiction Superior courts- major trial courts

Courtroom Players Clerk Court Reporter Bailiff Witnesses The Public

Criminal Trial Steps Jury Selection Opening Statements Prosecution- goes first, has burden of proof Defense Closing Arguments Jury Instructions Jury Deliberation Verdict Sentencing

Opening Statements Preview evidentce and legal argument “Revenge. That’s what this case is all about.” Identify players/ re-create the incident Summarize facts Anticipate the other argument Point out holes in the argument

Get the jury to believe your side of the story. “Members of the jury, after you have heard the evidence, we are confident that you will find the defendant guilty of each count in this indictment: armed robbery and murder.” [Prosecution] “At the conclusion of this case, you will have grave doubts that Tom Smith was anywhere near the robbery when it occurred. If anything, you will be convinced that someone else did it. Consequently, Tom Smith is simply not guilty of anything.” [Defense]

Verdict The 6th Amendment doesn’t require unanimous verdicts or 12 person juries