unit 3: court system
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Unit 3: Court System. There are five independent but interrelated parts of the court system . They are…. Judge Prosecution Defense Jury Probation Department. Synonyms in the Court System. “Prosecution” District Attorney (D.A.) State People Prosecutor “Defense” Accused - PowerPoint PPT PresentationTRANSCRIPT
UNIT 3: COURT SYSTEMThere are five independent but interrelated parts of the court system. They are….
1. Judge2. Prosecution3. Defense 4. Jury5. Probation Department
SYNONYMS IN THE COURT SYSTEM1. “Prosecution”
District Attorney (D.A.)StatePeopleProsecutor
2. “Defense”AccusedDefendant
3. “Attorney”CounselLawyerRepresentation
Latinnolo contenderehabeas corpus
modus operandi
First Step in Process#1 Arraignment
*your initial (1st) hearing
*happens ASAP after arrest
*very brief proceeding
WHAT HAPPENS AT ARRAIGNMENT?5 things
1. Charges are read to the accused2. Rights are explained in detail3. Attorney requested if already not done so4. Bail is determined/set5. Plea is enteredMA Law states all accused must first plead not guilty!
WHAT EXACTLY IS BAIL?
• Definition- money paid to the courts to insure you will make your next and every required court hearing:
• Synonym-> “collateral”• Could be required to pay
percentage of full amount, payments
• Options if can’t afford to pay?
BAIL OPTIONSBond Agent/Bond Company
-Agent pays the bail, you are released, you then pay back money with an additional fee. Fee is how they profit. “comparison”-home loan with interest
WHAT COULD HAPPEN IF YOU DON’T SHOW UP FOR A COURT APPEARANCE?
One possibility is……..
CONDITIONS ASSESSING DENIAL OF BAIL1. prior record (1st time or lengthy?)
2. circumstances of crime (violent, child)
3. likelihood to flee
4. dangerousness to community
5. likelihood to recommit
PERSONAL RECOGNIZANCEWhat kind of things would “tie” an individual to an area charged with a crime?1. family
2. job or career/profession?3. community involvement4. residence?
8TH AMENDMENT SAYS……
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.
What would you consider cruel and unusual?
WHAT IF YOU GOT THE CHANCE TO PLAY THE ROLE OF………
In 4-6 sentences, simulate a statement from one of the following talking about your style as a Judge. Be accurate to your personality!
1. defendant2. defense attorney3. prosecutor4. court reporter
PRE-TRIAL PROCEDURES/HEARINGS
#1”Arraignment”Then depending what state you are in……
#2 Grand Jury Indictment
Or#2 Preliminary Hearing
Majority of states Preliminary HearingMassachusetts? Grand Jury Indictment
GRAND JURY INDICTMENT
1. 16-23 people serve on jury2. Only prosecution presents
facts/evidence. Defendant is not present.
3. Majority percentage vote sends to trial process
4. The jury votes whether police had probable cause to arrest. Confirmation of Probable Cause
In other words, is there enough evidence against accused to go to trial?
PRELIMINARY HEARING 1. Both prosecution and defense present
evidence.2. No jury, judge confirms if law enforcement
had probable cause.3. Defendant is not present.
What system would you rather have for Massachusetts? Why?
NEXT STEP IS…… DEPENDING ON WHAT STATE..
“Plea Hearing”• Not guilty set date for trial
• Guilty immediately to sentencing
• Nolo Contendere (“no contest”) can’t be taken to civil trial for same crime, immediately to sentencing
WHAT ARE PRE-TRIAL MOTIONS?-They are requests for a separate hearing that either the Prosecution or Defense makes that are not done unless granted. For example..1. Continuance- more time to prepare case2. Examination of Competency- evaluation
of defendant if competent to stand trial3. Change of Venue- change of location of
trial because fairness of trial is compromised
4. Suppress Evidence- certain pieces of evidence can not be introduced to juryWhat word is associated with this???????
JARED LEE LOUGHNER
USA TODAY REPORTS• Update at 3:40 p.m. ET January 8th• Rep. Gabrielle Giffords, D-Ariz., has been shot in the
head and is in critical condition following a shooting earlier today at an event outside of a Tucson grocery store in her district.
• C.J. Karamargin, a spokesman for Giffords, told the Associated Press that the congresswoman was in surgery as of 1 p.m. Arizona time. Karamargin said an unspecified number of Giffords' staff members were injured in the shooting. Karamargin said he had no other information on the conditions of the injured or on the circumstances of the shooting.
PLEA BARGAINING PROCESS-Both sides (prosecution/defense) come together and make compromise to avoid going to trial.
Prosecution Advantages1. guilty verdict (victory)2. save time and money (tax payers/budget)3. concentrate on cases going to trial
Defense Advantages1. reduced sentence2. some charges dropped3. reduced severity of charge(s), for example…
ATTORNEY’S RESPONSIBILITIES BETWEEN PLEA HEARING AND 1ST DAY OF TRIAL
1. Review entre police report2. Review all evidence3. Interview all witnesses4. Study case history (precedents set)5. Interview relevant expert witnesses6. Background check on all relevant
people Months, months, months…..Years?
“APPEAL PLEA AGREEMENT 2012”• Supreme Court Ruling 5-4• Precedent/Case Law set
*Any convicted offender can appeal his/her sentence if guilty verdict was reached in spite of plea agreement being offered and refused, and can prove legal counsel did not provide best defense possible with use of the plea agreement. Violation of 6th Amendment• Offender must prove…..
1. offender would have accepted plea agreement if not for legal advice given
2. reasonable probability prosecutor would not have withdrawn offer before trial3. judge would have accepted offer
GIDEON V. WAINWRIGHT (1963)*Clarence Earl Gideon 1961*arrested on charges of B & E and petty larceny*defended himself in court*5 year sentence in prison*appealed from prison that he was imprisoned illegally
Case Law Established:Any indigent defendant cannot be denied
the right to counsel. If they request legal representation, they must be provided with.
6th Amendment
STEPS OF THE TRIALStep 1
Opening Statements-Both sides explain to the judge and jury the evidence to be presented as proof of the allegations against the defendant, or to deny/discredit/create doubt about the allegationsWho goes 1st? Prosecution> Burden of Proof
STEP 2Direct Examination by the Prosecution:
-Each one of the Prosecution’s witnesses (such as police, experts, eye-witnesses) is questioned. Their testimony is proof against the defendant.
STEP 3Cross Examination by the Defense
-The defense will ask questions of the Prosecution’s witnesses. Their goal is to discredit the witness, or create doubt in the minds of the jurors.
STEP 4Motion to Dismiss- At this point, the Defense can request a “motion to dismiss” or ask the judge to render a “directed verdict”, therefore ending the case by dismissing the charges.
Not often done.
STEP 5
Direct Examination by the Defense:Each defense witness is questioned
and evidence is submitted in favor of the defense. Witnesses such as:
1. experts2. eye witnesses3. character witnesses
STEP 6Cross Examination by the……..
Prosecution
Each defense witness is cross examined. The goal of the questioning is to discredit the witness, or to create doubt in the minds of the jury about the credibility of the witness.
STEP 7Closing Statements by Prosecution then
Defense
Reviews all evidence, states how the evidence proves or denies allegations, then asks for a guilty or not guilty finding
STEP 8
Rebuttal Argument
Prosecutor has the right to make additional closing statements
Why doesn’t the defense get this?????Burden of Proof falls where?
STEP 9Jury InstructionsThe judge instructs the jury as to the
law(s) that apply to that particular case.
He/she also explains their responsibilities in reaching a verdict
STEP 10Jury Deliberations
The jury, behind closed doors, discusses the case until they can collectively come to a decision of a guilty or not guilty verdict.
Vote must be unanimous
STEP 11Sentencing
The Judge issues length of sentence to be served by convicted offender.
*Sometimes as a separate hearing
TRIAL OBJECTIONS
• Leading
• Ambiguous or Unintelligible
• Compound
• Argumentative
• Calls for Narrative Answer
• Calls for Speculation
• Assumes Fact in Dispute or Not in Evidence
• Irrelevant
• Hearsay
• Inadmissible Opinion