 Judge  Prosecutor  Defense Attorney 2 Copyright Texas Education Agency (TEA)

 Bailiff  Clerk  Court Reporter 3 Copyright Texas Education Agency (TEA)

 Jury  Defendant  Victim  Witnesses 4 Copyright Texas Education Agency (TEA)

 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 JUDGE 5 Copyright Texas Education Agency (TEA)

 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 (TEA)

 Appointed by the governor  Popular election  Hired  Federal judges are appointed by the President 7 Copyright Texas Education Agency (TEA)

PROSECUTOR Also called  District Attorney  State’s Attorney 8 Copyright Texas Education Agency (TEA)

 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  Has the burden of proof  Must present a “Prima Facia” case 9 Copyright Texas Education Agency (TEA)

DEFENSE ATTORNEY  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 (TEA)

 Disputes claims made by the prosecutor  Sentencing  Files Appeals  Argues Appeals  May remain silent if no Prima Facia Case 11 Copyright Texas Education Agency (TEA)

TYPES OF DEFENSE ATTORNEYS  Private attorneys hired by a defendant  Court-appointed attorneys  Public Defenders 12 Copyright Texas Education Agency (TEA)

BAILIFF  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 (TEA)

CLERK  Works directly with the trial judge  Responsible for court paperwork and records before and during the trial 14 Copyright Texas Education Agency (TEA)

COURT REPORTER  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 (TEA)

JURY  Selection: › Voir Dire › Challenges  To the Array  For Cause  Peremptory 16 Copyright Texas Education Agency (TEA)

DEFENDANT  The “accused”  The person against whom a criminal complaint or indictment is filed 17 Copyright Texas Education Agency (TEA)

VICTIM  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 18 Copyright Texas Education Agency (TEA)

WITNESSES  Sworn testimony received as evidence  Have personal knowledge of the facts  Types of Witnesses › Expert › Lay 19 Copyright Texas Education Agency (TEA)

EXPERT WITNESSES  Have special knowledge and skills recognized by the court  May express opinions or draw conclusions  Usually paid 20 Copyright Texas Education Agency (TEA)

LAY WITNESSES  Eyewitnesses  Character Witnesses  Not considered experts  May testify ONLY to the facts 21 Copyright Texas Education Agency (TEA)

 "Objection, your Honor, the question is ambiguous.”  A question is ambiguous if: It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning. Copyright Texas Education Agency (TEA) 22

 A question is argumentative if: It is asked for the purpose of persuading the jury or the judge, rather than to elicit information. It calls for an argument in answer to an argument contained in the question. It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts. Copyright Texas Education Agency (TEA) 23

 A question may be objectionable on the ground that The witness has already answered a substantially similar question asked by the same attorney on the same subject matter. Copyright Texas Education Agency (TEA) 24

 A question is hearsay if: It invites the witness to offer an out-of-court statement to prove the truth of some matter in court. There are many exceptions to the hearsay rule.  Exceptions:  Dying declaration  Res gestae statements  Excited utterances Copyright Texas Education Agency (TEA) 25

 A question is leading if: It is one that suggests to the witness the answer the examining party desires. However, this type of question is allowed on cross- examination of a witness.  Example:  “Did the defendant threaten you with a gun?” or “You were threatened with a gun, right?” Copyright Texas Education Agency (TEA) 26

 A question is speculative if: It invites or causes the witness to speculate or answer on the basis of conjecture.  Exception:  Expert witnesses can answer based on conjecture if the question falls within their area of expertise. Copyright Texas Education Agency (TEA) 27

WORK TOGETHER TOWARD A COMMON GOAL: EFFICIENT CONCLUSION TO A CASE 28 Copyright Texas Education Agency (TEA)

 X, Allyn & Bacon, Criminal Justice, 2006, James Fagin  Law Focused Education, Inc. game_intro.html game_intro.html 29 Copyright Texas Education Agency (TEA)