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Cookie Court
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Courtroom
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The Judge The judge makes rulings about the law.
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The Jury The jury makes decisions about facts and reaches a verdict
The Jury The jury makes decisions about facts and reaches a verdict. Usually 12 people are on a jury.
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Presumption of Innocence
The fact that a criminal charge has been filed against the defendant is not evidence that the charge is true. You must not be biased against the defendant just because he/she has been arrested, charged with a crime, or brought to trial.
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Burden of Proof The plaintiff or prosecution has the job of proving which facts are true. In a criminal trial, the prosecution must prove the defendant is guilty, beyond a reasonable doubt. If the jurors do not believe, beyond a reasonable doubt, that the defendant is guilty, they must find him not guilty.
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Beyond a Reasonable Doubt
Standard of Proof for Criminal Trials Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true. The evidence need not eliminate all possible doubt because everything in life is open to some possible or imaginary doubt.
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Why do criminal trials have such a high standard of proof?
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Juvenile Trials No jury in juvenile cases
Juveniles cannot go to state prison unless they commit very serious offenses Juveniles can go to Juvenile Hall or the Department of Juvenile Justice
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Trial Procedure Jury selection Evidentiary motions Opening statements
Direct examination of witnesses Cross-examination of witnesses Redirect and re-cross examinations Jury Instructions Closing Arguments Jury Deliberations Verdict (guilty, not guilty, or a hung jury)
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More Legal Terms Exhibit: an object of evidence
Oath: a witness must swear to tell the truth. Lying in court is called perjury, which is a crime. Hearsay: what someone else said. Hearsay is generally not allowed in a trial.
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How to become a Judge or Lawyer
Graduate from high school Graduate from college Graduate from law school Pass the Bar Exam Graduate from high school Graduate from college Graduate from law school Pass the Bar Exam Get appointed OR elected
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The Bailiff Sheriff’s Deputy Controls the courtroom and ensures safety
Graduate high school Have a “clean record” Have a driver’s license Go through training
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Courtroom Clerk Documents everything that happens in the case
Marks exhibits Swears in witnesses Must be well-organized Must know courtroom language
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Court Reporter Types every word that is said – in shorthand
Graduate from high school Take a certification course Be a good listener Have very good spelling, punctuation, and grammar skills
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Prosecutor District Attorney’s Office – represents The People of the State of California A prosecutor is usually a Deputy District Attorney The prosecution presents its case before the defense
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Defense Attorney Often from the Public Defender’s Office
Can also be privately hired Defense case goes after prosecution case Defense need not present any evidence
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Witnesses Must take an oath to tell the truth
Can be ordered to testify (subpoena) Cannot be in courtroom until called
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Jurors’ Duties Do not form an opinion until hearing all of the evidence Do not discuss the case with anyone Follow the judge’s instructions on the law Elect a foreperson and vote
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Appeals The losing party has the right to appeal the case to the Court of Appeal. There are only six Courts of Appeal for all of California The Court of Appeal reverses the judgment in only a small percentage of cases
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Supreme Court There is a California Supreme Court and a United States Supreme Court The Supreme Courts choose which cases to hear They usually choose important cases or cases in which the Courts of Appeal disagree
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California Supreme Court
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United States Supreme Court
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Courtroom/Courthouse Rules
No running No shouting/loud noises Do not touch anything in the courtroom except the props Stay in the courtroom during the entire trial Be on your best behavior!
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Practice Your Scripts! But do not tell any of your classmates about the trial! The jurors and journalists will hear the evidence for the first time when we go to court.
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Roles for Our Trial Bailiff Judge Clerk Paul Prosecutor Darinda Defender Vicky Victim Deputy Katherine Krumpky Tammy Taster Ronald Rodent Danny Defendant Dr. Veronica Victim
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Jurors
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Journalists News reporters: Photographer:
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