2 Copyright and Terms of Service Copyright © Texas Education Agency, These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have. TEA Copyrights Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Judge  Prosecutor  Defense Attorney 3 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Bailiff  Clerk  Court Reporter 4 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Jury  Defendant  Victim  Witnesses 5 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 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 6 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 7 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 8 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

PROSECUTOR Also called  District Attorney  State’s Attorney 9 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 10 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

DEFENSE ATTORNEY  Represents the person accused of committing a crime  Plea bargains  Prepares the defense  Questions witnesses › Directs own › Cross-examines the state’s 11 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 12 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 13 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

BAILIFF  Keeps order in the courtroom  Secures witnesses  Maintains physical control over the defendant if not released on bail  Announces the judge’s entry 14 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

CLERK  Works directly with the trial judge  Responsible for court paperwork and records before and during the trial 15 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

COURT REPORTER  Stenographer  Maintains a written record of all court proceedings › Transcribes every spoken word during the trial  Transcripts are necessary for appeals 16 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

JURY  Selection: › Voir Dire › Challenges  To the Array  For Cause  Peremptory 17 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

DEFENDANT  The “accused”  The person against whom a criminal complaint or indictment is filed 18 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

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 19 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

WITNESSES  Sworn testimony received as evidence  Have personal knowledge of the facts  Types of Witnesses › Expert › Lay 20 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

EXPERT WITNESSES  Have special knowledge and skills recognized by the court  May express opinions or draw conclusions  Usually paid 21 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 22 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 23 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 24 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.