People in a Courtroom

People in a courtroom Criminal Court Judge Jury Defendant Prosecutor Bailiff Defense Attorney Witness Civil Court Judge Defendant Plaintiff Jury (Not always needed) Attorneys for both Plaintiff and Defendant Bailiff witness

Criminal Court When a person is accused of a crime, they have the right to a jury trial This is to determine guilt or innocence All accused persons are innocent until proven guilty It is up to the State (The Prosecution) to prove guilt

The Judge The Judge is an expert in law and courtroom procedure that makes rulings on matters of law and what the law says The Judge leads the court and will act as a type of “referee” *In Nevada judges are elected.

Jury The 6 th Amendment gives all citizens the right to an impartial jury of their peers There are 12 people on a jury Jurors are selected from the community Jurors are paid because they will often miss time at work. (Though it is usually not much money) A jury decides the guilt or innocence of the accused in a criminal trial

If you are called Once you are 18 you may be called to serve on a jury It is your civic duty to serve. Unless you have a good reason you cannot serve you will be expected to. People can be thrown in jail for not answering a jury summons. Generally, you will call the court and they will give you instructions on what to do if it is your first time

The Defendant This is the person accused of a crime in a criminal trial Though accused of a crime this person is not yet guilty and has certain rights under the Constitution just like everyone else *note in a Civil trial the person being sued is also called the defendant

Rights of the Accused Plead the 5 th - the right to remain silent The right to counsel- To have an attorney Protection against Double Jeopardy- Can’t be tried twice for the same crime The right to confront witnesses that testify against the accused The right to produce witnesses that testify of behalf of the accused The right to an impartial jury The right to hear charges that are being brought against the accused The right to a speedy trial The right to not be punished cruelly and to not have excessive fines and bails imposed

Defense Attorney A person accused with a crime may hire an attorney for their defense This is done because the average person doesn’t know the current law or have the public speaking skills required to defend themselves Even if they did have these skills, emotions in the case may warrant hiring an attorney anyway

The accused may defend themselves If the accused cannot afford an attorney one is provided at no cost by the court The hiring of an attorney does not mean you are guilty

The Prosecution Referred to as “the State” as “The District Attorney” and the “Prosecutor” The burden of proof is on the prosecution to prove guilt of the accused The prosecution may call witnesses to testify against the accused They may also make a plea agreement with the accused for a reduced sentence if the accused agrees to plead guilty

The Bailiff An Actual Officer of the court Provides courtroom security Maintains a watchful eye and assists in carrying out the Judge’s orders Controls people coming in and out of the courtroom If a piece of evidence is needed or a witness needs to be brought in, the Bailiff will go get them The Bailiff also administers the oath to witnesses When the judge enters the Bailiff tells people to stand in respect for the office of the Judge “All rise”

Witnesses Both sides may call people that know something about the case Their testimony is usually reserved to what they saw or heard not what they heard second-hand Expert witnesses are experts in a particular field, subject or profession Witnesses are asked to take an oath to swear that they will tell the truth They do not have to swear on the bible If a witness is found to be telling a lie on the witness stand, they can be charged with a crime called perjury

Quiz 1. What does the judge in any trial decide? 2. The accused in a criminal trial or the person being sued in a civil trial is called the__________ 3. Why do people usually hire an attorney? Does this mean they’ve done something wrong? 4. Do witnesses have to swear on the Bible?