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SC CRJU 101 - Courtroom Particpants and the Trial Chapter 8

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CRJU 101 1nd Edition Lecture 9 Outline of Last Lecture I Police and The Law Continued and The Courtroom System Outline of Current Lecture II Courtroom Workgroup a Judge b Prosecuting Attorneys c Defense Attorneys d Expert Witnesses e Other Court Personnel III Judge IV Nonprofessional Courtroom Participants a Lay Witnesses b Jurors c Victim d Defendant e Spectators and Press V Pretrial Activities a 1st Appearance b Pretrial Release c The Grand Jury d Preliminary Hearing VI Arraignment and the Plea a Arraignment b Plea Options c Plea Bargaining VII The Criminal Trial VIII Beginning a Trial a Jury Selection i Challenges b Opening Statements Current Lecture These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Courtroom Workgroup Professional courtroom actors who earn a living serving the court o Judge o Prosecuting Attorneys AKA Solicitor SC 5th circuit Dan Johnson District attorney State s attorney o o o County attorney Representative of the people They have the burden of proof Prosecutorial discretion Dismiss cases What charges to file Plea bargains Prosecution s strategy Defense Attorneys Represent the accused Types of defense attorneys Retained counsel Court appointed Public defenders Ethics of defense Expert Witnesses Special skills or knowledge Paid professionals Jurors usually trust them more Other court personnel Bailiff Court reporter Judge Primary duty ensure justice o The rights of the accused and the interests of the public o Ultimate authority in the courtroom o How are judges selected Political appointment Election Federal judges all appointed by the President and approved by the Senate o Qualifications to be a judge Law degree Licensed attorney Member of the state bar association Some non attorneys lower level judges Nonprofessional Courtroom Participants Lay Witnesses o Eyewitness o Non expert testimony o Character witness o o Jurors o o o o o Testify only to facts not opinions How do you get called to testify 12 Arbiter of the facts in a court of law How do you get picked for jury duty When you register to vote How much do you get paid 16 per day lunch is provided Sequestering don t let them leave they have to stay in a hotel and they have no outside contact Victim o Testify as a witness o Difficulties in court have to relive the event and every single detail of that crime Have to travel deal with court dates and proceedings Defendant o Has to be present and participate in his own defense o Innocent until proven guilty o Self representation Spectators and Press o Family friends advocates o Problems with highly publicized cases o Courtroom as a circus Pretrial Activities 1st Appearance o Initial appearance before magistrate judge o What happens here Pretrial release o Bail bond or have to stay in prison o Decision is based on Flight risk Risk to public safety Criminal history Nature of the crime o Bail or bond one way you can get released Have to surrender passport Have to pay money Have to go to court o Release on recognizance ROR trusting that you are going to return o Other release options Put your house up or property Someone else is responsible for you to show up The Grand Jury o Private citizens o Hear evidence from the prosecution o Enough to go forward Yes indictment formal charge against you No dismissed Preliminary Hearing o Probable cause To think that a crime has been committed and you are that suspect o Competency Are you mentally stable Current mental state Arraignment and the Plea Arraignment o First appearance before the court where the trial will occur Informed of charges Enter a plea Plea options o Guilty o Not guilty o Nolo contendere no contest Plea Bargaining o Negotiations between Prosecutor Defense counsel Defendant o 90 of all cases resolved through a plea The Criminal Trial 1 Trial initiation 2 Jury selection 3 Opening statement 4 Presentation of evidence 5 Closing arguments 6 Jury deliberations Beginning a Trial Right to a speedy trial Jury selection o Challenges Challenge to the array don t represent the peers of this individual Can change the venue to get an unbiased jury and to make sure the defendant gets a fair trial Challenge for cause because of your background job education etc They don t want higher educated members on the jury because they can pressure the other jurors to agree with them Being a CJ professor former law enforcement etc Peremptory challenges both sides are trying to get people they can convince of their story Get rid of who you can Such as race religion income age etc o Sequestered juries o Problems with jury selection Opening statements o Who goes first o What is the purpose


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