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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. People in a courtroom. Criminal Court.
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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 People in a courtroom
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 6th 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 5th- 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?