1. Unit 2: The Court System Trial Courts Law Education Mr. Chad Fetscher Randall T. Shepard Academy for Law and Social Justice

2. Objectives: After this lesson you will be able to: After this lesson you will be able to: Explain the jury selection process. Explain the jury selection process. Explain for cause and peremptory challenges. Explain for cause and peremptory challenges. Identify the requirements for jury service. Identify the requirements for jury service. Explain who is eligible for trial by jury. Explain who is eligible for trial by jury. Explain the possible outcomes of trial by jury. Explain the possible outcomes of trial by jury. Explain the burden of proof in civil and criminal trials. Explain the burden of proof in civil and criminal trials.

3. Why Do I Need To Know This? Why Do I Need To Know This? Because if you, someone you know, or someone you represent is ever arrested their case will begin in a trial court. Because if you, someone you know, or someone you represent is ever arrested their case will begin in a trial court. Because if you ever need to sue someone regarding money, your case will begin in a trial court. Because if you ever need to sue someone regarding money, your case will begin in a trial court. Because only the trial court can determine the issues of fact in the case. Because only the trial court can determine the issues of fact in the case.

4. Vocabulary Trial Courts Trial Courts Adversarial System Adversarial System Voir Dire Voir Dire Prosecuting Attorney Prosecuting Attorney Plaintiff Plaintiff Defendant Defendant Jury Jury Grand Jury Grand Jury Petit Jury Petit Jury Peremptory Challenge Peremptory Challenge Challenge for Cause Challenge for Cause Hung Jury Hung Jury Deliberations Deliberations Grand Jury Grand Jury Mistrial Mistrial Sequester Sequester Summons Summons Verdict Verdict Foreperson Foreperson Oath Oath Jury Nullification Jury Nullification ACQUIT ACQUIT

5. Trial Courts Trial courts are the deciders of fact (such as whether or not a traffic light was red) that is the ultimate decision on the issue. Trial courts are the deciders of fact (such as whether or not a traffic light was red) that is the ultimate decision on the issue. Trial courts are adversarial (VS) Trial courts are adversarial (VS)

6. The plaintiff and defendant are there to share information with the court to be sure the court makes the “right” decision. The plaintiff and defendant are there to share information with the court to be sure the court makes the “right” decision. There are rules that require the plaintiff and defendants to share information. There are rules that require the plaintiff and defendants to share information. Because of the risk and costs involved, most trials settle before the trial begins. Because of the risk and costs involved, most trials settle before the trial begins. A prosecutor can NEVER bring a charge against a person that s/he knows is innocent of the crime. A prosecutor can NEVER bring a charge against a person that s/he knows is innocent of the crime.

7. Jury Trials Jury: law, an oath, inquest, sworn, Jury: law, an oath, inquest, sworn, Right to a jury is a limited right. Right to a jury is a limited right. Only a defendant in a criminal trial for a felony has the right to a jury. Only a defendant in a criminal trial for a felony has the right to a jury. Only the defendant in a criminal trial can decide whether to have or not have a jury. Only the defendant in a criminal trial can decide whether to have or not have a jury.

8. In a civil trial, the decision by the jury does NOT have to be unanimous. In a civil trial, the decision by the jury does NOT have to be unanimous. There only needs to be a substantial majority. There only needs to be a substantial majority. In a criminal trial, the jury’s decision has to be unanimous. In a criminal trial, the jury’s decision has to be unanimous. Juries are usually made up of 6, 9, or 12 people with 1 or 2 alternates. Juries are usually made up of 6, 9, or 12 people with 1 or 2 alternates.

9. Jury Duty A jury consists of twelve persons chosen to decide who has the better lawyer. -Robert Frost A jury consists of twelve persons chosen to decide who has the better lawyer. -Robert Frost A court is only as sound as its jury, and a jury is only as sound as the people who make it up. A court is only as sound as its jury, and a jury is only as sound as the people who make it up. - Atticus Finch To Kill a Mockingbird To Kill a Mockingbird

10. In order to serve on a jury, a person must be: In order to serve on a jury, a person must be: 18 years old 18 years old A citizen of the United States of America A citizen of the United States of America A resident of the state or federal district A resident of the state or federal district Able to understand English Able to understand English A jury should be made up of a representation of the people in the community (group of your peers) A jury should be made up of a representation of the people in the community (group of your peers)

11. People CANNOT be excluded from serving on a jury because of their: People CANNOT be excluded from serving on a jury because of their: All citizens have a duty to serve on a jury, and can be brought into court and/ or punished for not serving when summoned.

12. Jury Selection The process is begun when an INDICTMENT is returned by the GRAND JURY requested by the prosecutor. The process is begun when an INDICTMENT is returned by the GRAND JURY requested by the prosecutor. Prior to the start of the trial several summons to potential jurors will be sent informing them of the possibility of jury service and possible service dates. Prior to the start of the trial several summons to potential jurors will be sent informing them of the possibility of jury service and possible service dates. Potential jurors will complete and return to the court a potential juror questionnaire. Potential jurors will complete and return to the court a potential juror questionnaire. Potential jurors will be put through the process called VOIR DIRE (to speak truth). Potential jurors will be put through the process called VOIR DIRE (to speak truth). The goal of voir dire is to find out if the potential juror has any bias or special knowledge about the case. The goal of voir dire is to find out if the potential juror has any bias or special knowledge about the case.

13. Both sides have the opportunity to ask questions of potential jurors. Both sides have the opportunity to ask questions of potential jurors. Both sides have the opportunity to remove potential jurors that they do not want. Both sides have the opportunity to remove potential jurors that they do not want. To remove a potential juror you believe has a bias it is called REMOVAL FOR CAUSE. To remove a potential juror you believe has a bias it is called REMOVAL FOR CAUSE. This will NOT count against the number of challenges granted to each side. This will NOT count against the number of challenges granted to each side. To remove a juror for any reason it is called a PEREMTORY CHALLENGE. To remove a juror for any reason it is called a PEREMTORY CHALLENGE. This removal WILL count against the number of challenges granted to each side. This removal WILL count against the number of challenges granted to each side.

14. Neither side can eliminate a potential juror simply because of: Neither side can eliminate a potential juror simply because of: Religion Gender Age Race

15. Potential jurors will take an oath and be sworn in before the voir dire process begins. Potential jurors will take an oath and be sworn in before the voir dire process begins. After the jury is selected s/he will listen to the case and review evidence as it is submitted. After the jury is selected s/he will listen to the case and review evidence as it is submitted.

16. Once both sides of “rested” their cases the jury will be given instructions by the judge on how to go about deciding the case. Once both sides of “rested” their cases the jury will be given instructions by the judge on how to go about deciding the case. It may include: It may include: Identifying what questions are to be decided Identifying what questions are to be decided Explanation of what laws apply Explanation of what laws apply Reminder concerning the burden of proof. Reminder concerning the burden of proof.

17. The jury will then be taken to the jury room to begin DELIBERATING the case and working towards their VERDICT. The jury will then be taken to the jury room to begin DELIBERATING the case and working towards their VERDICT. In order to keep order the jury will select a FOREPERSON from among them who will serve as the leader of the jury. In order to keep order the jury will select a FOREPERSON from among them who will serve as the leader of the jury.

18. If a judge deems it necessary to keep jurors from any outside influence s/he may order that the jury be SEQUESTERED. If a judge deems it necessary to keep jurors from any outside influence s/he may order that the jury be SEQUESTERED. If the jury is unable to reach a unanimous verdict and further deliberation will not break the deadlock the judge must declare a HUNG JURY and declare a MISTRIAL. If the jury is unable to reach a unanimous verdict and further deliberation will not break the deadlock the judge must declare a HUNG JURY and declare a MISTRIAL.

19. If a judge believes that the verdict reached has no factual basis or is contrary to law s/he may reverse or amend their judgment in what is known as JUDGEMENT NOT WITHSTANDING THE VERDICT (JNOV). A jury may disregard both the law and the evidence and ACQUIT a defendant who has violated the letter of the law but not the spirit of the law in what is known as JURY NULLIFICATION.