Download
1 / 28
280 likes | 566 Views
Judicial System . Courtroom Procedures. Judicial System. What is it? is the system of courts that interprets and applies the law in the name of the state. The judicial System also provides a mechanism for the resolution disputes. . Judicial System. How is it set up?
E N D
Judicial System Courtroom Procedures
Judicial System • What is it? • is the system of courts that interprets and applies the law in the name of the state. • The judicial System also provides a mechanism for the resolution disputes.
Judicial System • How is it set up? • Under the doctrine of the separation of powers ( 3 Branches of Government.) • Legislature, Judical, Executive branches • the judiciary generally does not make law (the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. • This branch of government is often tasked with ensuring equal justice under law.
Judicial System • 3 sets of Judicial Court System • County • State • Federal
Courts There are 4 types of Court Cases • Civil • A civil case is a disagreement between two or more people or businesses. • Examples • disputes between a landlord and tenant • divorce actions • a case where one person is suing another for damages. • Small claims court
Courts • 2. Criminal • A criminal case involves a person who has been accused of committing either a misdemeanor or a felony offense. • Examples • Homicide • Robbery • Drug trafficking
Court • 3. Juvenile • a juvenile case usually involves a minor who is under the age of seventeen. • Juvenile cases are heard by the family division of the circuit court.
Court • 4. Traffic • the most common type of court case is related to a traffic violation. • A traffic violation may be either a civil infraction or a misdemeanor.
Courtroom Terms • Defendant - Person who is sued in a civil case or accused in a criminal case. • Prosecutor - A public officer who conducts criminal proceedings on behalf of the state. • Judge - A public officer of the court, who listens and mediates and sometimes carries out decisions pretaining to a court case. • Jury - A group of citizens that decides the outcome of a civil case, or decides whether the defendant is guilty or not guilty in a criminal case. In a felony case, the jury will consist of 12 persons. In a misdemeanor or civil case, the jury consists of 6 persons. In a criminal case, the jury must reach a unanimous verdict. • Bailiff - The individual in the courtroom who helps the judge manage the evidence and maintain order in the courtroom.
Courtroom Terms • Beyond a reasonable doubt -A standard of proof required to convict a person of a crime. The jury has a high degree of certainty about the defendant’s guilt, although they need not be 100 percent convinced. • Burden of proof- A party’s duty to prove a disputed fact. • Indictment -A written accusation charging that a person has committed a crime. • Felony - The most serious category of criminal offenses. With penalties of imprisonment ranging from a year and a day to life, or in some states, punishable by death. In Minnesota, a felony is a crime punishable by imprisonment of more than one year, with or without a fine.
Courtroom Terms • Grand jury - In Minnesota, a panel of twenty-three citizens who hear evidence against a person accused of a crime and determine whether that person should stand trial. A grand jury can also investigate various aspects of government at its own initiative, particularly charges of corruption or mismanagement. • Charge -The process of accusing the defendant of a crime. • Indictment -A written accusation charging that a person has committed a crime.
Courtroom Terms • Perjure-To knowingly and willfully give false testimony under oath. • Warrant- Sanction or authorization, as an arrest warrant authorizes a police officer to take an individual into custody. • Probable cause -A strong belief, based on facts, that a crime has been committed, that a particular person has committed the crime and that evidence related to the crime exists. • Acquittal- The finding of not guilty. • Appeal - The act of seeking a higher court’s review of a lower court’s decision.
Courtroom Procedures • Participants: • Judge • Prosecution attorneys • Defense attorneys • Jury • Representative of the media (sketch artist, reporters) • Baliff • Witnesses for presecution/petitioner • Witnesses for defense
Courtroom Procedures Opening Statement The Oath Direct Examination Cross Examination Closing Argument Jury Deliberation Findings/Ruling/Judgement
Opening Statements - Prosecution • The opening statement to the judge and jury to inform them of the nature and facts of the case. • This statement should include the following information in order to clearly come across to the jury. • Include • Name of the case • Your name • Client’s name • Opponent’s name • A description or story of the facts and circumstances that led to the case. • A summary of the key facts each witness will bring out in tesitmony and the importance of any documents to be introduced. • Conclusions and request for relief. ( Find innocent or guilty)
Opening Statement: Prosecution Avoid Too much detail. It may tire and confuse the jury. Exaggeration and overstatement. Don’t use such phrases as “prove it to a mathematical certainty” or “prove it absolutely beyond question.” Argument. It violates the function of the opening statement (which is to provide the facts of the case from your client’s viewpoint), and you risk rebuke from the bench. Anticipating what the defense attorney will say. Walking or pacing. It distracts juries and irritates judges.
Opening Statements: Defense • To deny that the prosecution or plaintiff has a valid case and to outline the facts from the standpoint of the defendant. • This statement should include the following information in order to clearly come across to the jury. • Include • Your name and your client’s name. • General theory of defense. • Facts that tend to weaken the plaintiff’s case. • A rundown of what each defense witness will testify to. • Conclusion.
Opening Statement: Defense Avoid Repetition of facts that are not in dispute. Exaggeration and argument. Strong points of the plaintiff’s case. Walking or pacing. It distracts juries and irritates judges.
Direct Examination of Witness • 1. Purpose • To present the evidence necessary to warrant a verdict favorable to your client. • All theelements of a law or criminal charge must be brought into evidence by witness testimony or documents. • To present the facts with clarity and understanding; to convince the jury of the soundness of your client’s case. • To present your witnesses to the greatest advantage; to establish their credibility.
Direct Examination of Witness 2. Refreshing memory In the event that your witness’s memory fails, you may refresh his or her memory by the use of the witness statement. 3. General suggestions Ask “open-ended” questions. Those usually begin with who, what, when, where, or how, or by asking the witness to “explain” or “describe.” Avoid complex or long-winded questions—questions should be clear and simple. Be a “friendly guide” for the witnesses as they tell their stories. Let the witnesses be the stars. Be prepared to gather information via questions and answers. Narratives, though very effective, may be open to objections.
Cross – Examination of Witnesses 1. Purpose • To secure admissions from opposing witnesses that will tend to prove your case. • To discredit your opponent’s witness and their statement. 2. Scope • Witnesses may be cross-examined regarding their direct testimony. • Cross-examination is used to explain, modify, or discredit what a witness has previously stated.
Cross-Examination of Witnesses 3. Approach • Use narrow, leading questions that suggest an answer to the witness. Ask questions that require “yes” or “no” answers. • Expose lack of sincerity or the existence of bias. • Never ask “Why?” It gives a well-prepared witness a chance to explain. • Generally, don’t ask questions unless you know what kind of answer you are going to obtain. • Fishing trips may be expensive. • Be fair, courteous; avoid the “Isn’t it a fact…?” type of questioning. • It may be useful not to insist on an answer.
Closing Argument Summarize the highlights of the testimony and documents as they support your case and undermine your opponent’s case. Use actual examples from the trial that you have written down. Tie the facts to the law. Be persuasive. Confidently request the judge or jury to grant you the decision that you want.
Jury Deliberation Once all arguments have been given and witnesses have been questioned. The jury’s job fully begins. They are to go back to their deliberation room and begin discussing the evidence and statements brought to them in the case. They then decide if the accused is innocent or guilty, on all charges brought against the accused.
