Transcript Trial Elements PowerPoint - BWSD

TRIAL
INTRODUCTION
PARTICIPANTS
Judge
A judge is a person who presides over a court of law, either
alone or as part of a bunch of judges
Judges are in charge of trials and make sure that
they are fair. They resolve differences between
lawyers. They read the law to decide what lawyers
can and can't do.
There were 26,900 judges in 2008. Most
worked in State and local governments.
Get Paid!!!
http://www.bls.gov/k12/law04.htm
In May 2009, judges had average yearly wages
of $100,450.
The Chief Justice of the U.S. Supreme Court
earned $217,400 in January 2009.
Duties
 A court attendant whose
duties vary according to
jurisdiction and judge,
but often include
maintaining order and
peace in the courtroom.
 A type of law
enforcement officer,
such as a sheriff,
marshal or constable
Types





Bailiff errant or itinerant
Bound bailiffs.
Bailiffs of court baron
Bailiffs of husbandry
Water bailiffs
http://www.lectlaw.com/def/b079.htm
COURT REPORTER
A prosecuting attorney is responsible for developing and
prosecuting cases against individuals that have committed crimes.
Duties:
• Present district attorney or state attorney according to the
seniority level
• Attend assigned hearings and take care of administrative actions
of the court
• Take indictment from jury for reducing the charges of criminal
and for dropping a particular case
• They have to prepare the case file, submit file charges and take
the trial on behalf of the people
• They collect all the important evidences and write notes about it
to present in the court at the time of hearing
• A prosecuting attorney has to appear in court to present and
argue the case.
DEFENSE ATTORNEY
-A defense attorney is a lawyer representing
the defendant in a lawsuit.
-Public defenders are defense attorneys.
Example Case:
OJ Simpson was accused of
murdering two people. He hired a
high-profile team of several
defense attorneys. After a long,
drawn out trial, Simpson was
acquitted of the murder charges.
texcrime.com/images/fort_worth_court_room5.jpg
floridacriminaldefenselawyerblog.com/oj.jpg
Definition:
Plaintiff
Legal Definition: The person who initiates a lawsuit. The person
who initiates a lawsuit by filing a complaint is called the plaintiff.
When the document that initiates a lawsuit is called a petition
rather than a complaint, the initiating person is usually referred to
as the petitioner rather than the plaintiff. http://www.lectlaw.com/def2/p052.htm
•Dispositions
•Tells the truth, whole truth , and nothing but the truth
•Appeal court decisions
•Burden of proof sets on this person
•Brings evidence
Defendant
•In criminal cases, it is the person
accused of a crime.
•They are required to answer a complaint
from either the plaintiff or the pursuer in
a court of law.
•The Defendant can either be given a fine
or receive capital punishment or even be
found innocent.
•James O'Carroll is scheduled to plead guilty April 4
in U.S. District Court to charges he smuggled nearly
4,500 pounds of Jamaican $8 million worth of
marijuana into Mississippi waters from Jamaica.
EXPERT WITNESS
• A witness is a person who has eyewitness information
about, or was a victim of a criminal act.
• A witness may be subpoenaed, which is a court order
to show up to court as a witness, or testify by choice.
•A witness will take an oath to be completely truthful
during the questioning.
•You may only tell the court what YOU know, and not
testify any information received by an outside source.
•You must listen carefully and address your answers to
the court.
The Jury
Jury Selection
• Selected from a jury pool
Definition
generated by random
• Law A body of
selection of combined lists of
persons sworn to
voters and people with
judge and give a
drivers licenses, in the judicial
verdict on a given
district.
matter, especially
• Complete questionnaires to
a body of persons
help determine whether they
summoned by law
are qualified to serve on a
and sworn to hear
jury.
and hand down a
• Court randomly selects
verdict upon a
individuals to be summoned
case presented in
to appear for jury duty
court.
• Jurors represent a cross
http://www.thefreedictionary.com/jury
section of the community,
without regard to race,
gender, national origin, age or
political affiliation.
http://www.uscourts.gov/Fed
eralCourts/JuryService.aspx
Responsibilities of a Juror
• A Juror must be prompt
• A Juror must give his/her
undivided attention to the
trial.
• A Juror must not research
the case through broadcast
and newspaper accounts.
• A juror must not discuss the
case with anyone, including
relatives, friends, or trail
participants/
• A Juror must not conduct
independent investigations or
experiments to varify
testimony given in the case.
• A Juror must be impartial
until she/he hears all evidence
and law applicable to the case.
http://www.ogeecheecircuit.org/fo
rms/juryduty_responsibilities.pdf
http://www.google.com/imgres?imgurl=http://students.ou.edu
PROCEDURES
• Direct Examination is when, in a trial, a
witness or suspect is asked questions
pertaining to the case in order to elicit
further evidence.
• It’s generally not allowed to have leading
questions.
• A leading question is a question that suggests the
answer or contains the information the examiner is
looking for. Such as:
• Leading question: You were at the park on June 7th,
weren’t you?
•Non-Leading: Where were you the night of June 7th?
Opinion Testimony
By: Brody Borgerson
•Legal Definition- Testimony relaying opinion as opposed to direct
knowledge of the facts at issue.
•Opinion testimony may be allowed in evidence when it helps the
factfinder understand or determine the facts at issue.
•Such testimony by a lay witness must be rationally based on his or her
perception.
•A qualified expert witness may also give opinion testimony. The
expert's opinion may be based on facts or data that he or she perceives
directly or of which he or she is made aware other than by direct
perception at or before trial.
An opinion testimony is a witnesses’
testimony based on opinion of the case and
defendant instead of direct knowledge. It’s
accepted in some cases but it’s generally
objected because opinion rarely has
anything to do with a case unless it helps the
purpose of understanding or determining
the facts of a case.
Introduction of Physical
Evidence
-May be objects found at the scene of crime
or evidence in a case
Examples include: fingerprints, footprints,
handprints, cut marks, tool marks, etc.
Examinations include: impressions, taking images,
removing fingerprints from evidence.
Value of Evidence: Connecting suspect with a
weapon, connecting crime scene areas, etc.
http://www.science.marshall.edu/murraye/2008%20Forensics%20Lectures/Intr
oduction%20to%20Forensic%20Science%20Lecture%204%20Physical%20Evi
dence%20BW.pdf
Relevant Evidence - evidence that makes a fact more or less likely to be true
than it would be without the evidence.
There are two types of evidence:
1) Direct- evidence relating to the question of fact.
2) Circumstantial-
LEADING QUESTIONS
Objection based on no personal knowledge
Definition:
-This objection is made when witnesses are asked a question for
which they have no way of knowing the answer or have no
knowledge of the matter at hand.
-The witness must have directly observed the event to testify about
it.
-The witness cannot make inferences or assume something from
what he or she saw.
-To make the objection, you would say:
“Objection, your honor. Witness has no
personal knowledge to answer that question.”
Example Scenario: There was a
fight in a restaurant, and someone
was badly injured. During the court
hearing for this case, a witness was
asked what time the people involved
entered the restaurant. An objection
based on no personal knowledge was
made.
Law evidence based on what has been reported
to a witness by others rather than what he has
himself observed or experienced
John in a murder trial claimed
on the stand: “Clyde told me
that the defendant killed the
victim.”
•Hearsay evidence is also referred to as
second-hand evidence or as rumor or even
http://www.thefreedictionary.com/hearsay+evidence
http://www.duhaime.org/LegalDictionary/H/Hearsay.aspx
gossip.
http://criminal.findlaw.com/crimes/more-criminal-topics/evidence-witnesses/hearsay-evidence.html
http://www.google.com/imgres?imgurl=http://thepqnation.com/livingwicked/wpcontent/uploads/2010/09/whisper.jpg&imgrefurl=http://thepqnation.com/livingwicked/category/this-thing-calledmarriage/&usg=__JFOxhm28uW8GS3ARaAgC0UL5LDo=&h=345&w=440&sz=16&hl=en&start=0&zoom=1&tbnid=1UBm8GVETu
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Objection Based on Hearsay
Definition- Unverified, unofficial information gained or
acquired from another and not part of one's direct
knowledge. An item of idle or unverified information
or gossip.
Generally in common law courts the "hearsay rule" applies,
which says that a trier of fact (judge or jury) cannot be informed
of a hearsay statement unless it meets certain strict requirements.
However, the rules are more relaxed in court systems based on
the civil law system. In the civil law system, the courts, their
very lenient to appreciate the evidence brought before them.
“Objection Your Honor: Character is not an issue in this case.”
Used during cross-examination – witness can
only be cross examined on what they testified
to during direct examination, and issues
relating to their credibility.
*Questions going to the credibility of the
witness is not beyond the scope.
EXAMPLE: If a witness has only
been asked about his interaction
with the defendant on the night of
the alleged crime, after that, the
attorneys cannot suddenly start
asking the witness about his
interaction with the defendant in
the period after the crime
Tori Liston
Definition: An objection based on leading applies to an
attorney asking questions of witnesses which suggest the
answer within the question, leading the witness to the
answer the attorney wants to hear. Generally leading
questions are presented in the form of yes or no questions.
Example: The prosecution attorney is questioning a
witness and presents the question, “You were at [this
particular location] on [this particular night], is that
correct?”
trial.laws.com/objection/leading-questions
Tori Liston
Definition: An objection based on relevance concerns the inadmissibility of
evidence not relevant to the case. Evidence that adds nothing to the case of the
defense or the prosecution and has nothing to do with the case is inadmissible.
Example: The prosecution attorney is questioning a witness in a case concerning
an automobile accident. What speed the two cars were traveling at or the blood
alcohol level of each driver is admissible evidence, while the opinion that driver 1
has always been a really nice guy or that driver 2 had a hearty breakfast that
morning would not be admissible.
OBJECTION BASED ON
RELEVANCE
http://www.abc.net.au/mocktrial/resources/grounds.htm
PRESUMPTION OF INNOCENCE
Reasonable Doubt
• It is the standard proof required in most criminal cases within an
adversarial system. (adversarial system is a legal system where two advocates
represent their party's positions before an impartial person or group of people
usually a jury or judge, who attempts to determine the truth of the case.)
• It is the highest standard of proof in the court.
• Not used in every stage of a criminal prosecution.
http://www.google.com/imgres?imgurl=http://rlv.zcache.com/lawyer_reasonable_doubt_for_areasonable_tshirtd235811684302291874trdy_210.jpg&imgrefurl=http://bigicetees.com/search.php%3Fkeywords%3Dreasonable&usg=__crPRGUWw4pJ0J78IP13mlU5512s=
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&dur=172&oei=tbeQTenbKYq_0QGyhdW3Cw&page=1&ndsp=23&ved=1t:429,r:9,s:0&tx=96&ty=114
BURDEN OF PROOF