Trials
Significance of Trials (and Appeals)
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They provide many
people with a
conclusion to a dispute.
Win or lose, this is the
end.
They are important
symbols of law and
justice in the U.S.
They provide a setting
for judicial policymaking
- decisions influence
others besides the
litigants in a particular
case (precedent).
Trials
Fact-gathering forums governed by rules
of procedure. Defendants are formally
presumed innocent until proved guilty.
Jury Trials
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Right to Jury - 6th and 7th
Amendments to the U.S.
Constitution guarantee a
right to jury trial in criminal
and civil cases -- if, the
imprisonment might exceed
6 months in a criminal case,
or if either side in a civil
case involving money
requests one.
Juries of citizens have been
used since 1215 (Magna
Carta).
Juries fuse the legal culture
and popular political culture.
Bench Trials
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A bench trial takes place
before a judge. There is no
jury.
Examples: criminal
misdemeanors where fines
and probation or short jail
terms are typical, some civil
cases such as those involving
small financial claims, divorce,
landlord-tenant, etc.
Some defendants in serious
criminal cases give up their
right to jury trial in hopes of
greater leniency from the
judge.
Bench Trials
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In a few cities, bench trials are
used as slow pleas of guilty in
criminal cases. Defendants do
not plead guilty following
negotiations between
prosecution and defense, but
are found guilty by a judge
after a quick bench trial.
Short trials appear to benefit
defendants in several ways:
– Defendants do not have to be talked
into pleading guilty by their lawyers.
– By not pleading guilty, they reserve
their right to appeal.
– Defendants receive the benefits of a
negotiated guilty plea (quick, routine,
not a lot said about you).
Presiding Judge
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Judges have significant
power over trials:
– They decide who wins and
loses.
– They interpret rules of
evidence and testimony and
make decisions about what
information may legitimately
be considered in a case.
– They instruct juries on how
to consider evidence in
reaching their verdict.
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Selection of Juries
Jurors are supposed to be impartial,
amateur judges and not let personal
biases enter into their decisions.
Jury selection procedures usually
guarantee that juries will not be
broadly representative of the local
population.
Jury selection based on voter
registration lists generally produces a
disproportionate number of middleaged, educated, employed men as
jurors.
Some judicial districts use property tax
rolls, city utility customers, or
telephone directory.
Certain occupational groups are
legally excluded from jury duty in some
states: doctors, nurses, teachers, and
others are needed elsewhere in the
community.
Jurors
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A 1977 national survey estimated that only 6% of Americans had served
as a juror.
State and national surveys in the late 1990s estimate that between 20%
and 30% percent of Americans had experienced jury service.
Why the increase? Over the same period, jury pools became more
representative of the adult population through reform of jury source lists
and voir dire practices and the elimination of occupational exemptions.
According to a Harris Interactive poll conducted by the American Bar
Association in 2003, approximately 29% of the adult American population
has served as a trial juror at some point in their lifetime. Other recent
surveys suggest that the percentage is as high as 50%.
According to a 2007 survey by the National Center for State Courts, 15%
of the adult American population is summonsed for jury service each
year, but only .8% are ultimately impaneled.
Lawyer’s Tactics in Jury Selection
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Lawyers attempt to get a jury favorable to their side.
Cause - attorney asks the judge to dismiss a potential
juror who is incapable of performing as an impartial
decision-maker (for example someone morally
opposed to the death penalty in a capital case) - in
routine cases, few are dismissed for cause.
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Peremptory Challenges - dismissing a potential juror
without reason or approval of the judge. The more
serious the case, the more peremptories attorneys
get.
Scientific Jury Selection
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Attorneys usually rely on
personal hunches about who
will be a sympathetic juror.
Since the 1970s, attorneys have
employed social scientists and
public relations firms to
determine before the trial, which
kinds of people would be most
sympathetic to their cause.
Surveys are conducted and
profiles of local residents are
constructed.
Mock juries are also used by
attorneys in big cases.
Is this fair? Does it give rich
clients an advantage?
Witnesses and Testimony
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After the jury is seated, opening
statements on both sides are
made, though this is optional.
Witnesses are used to piece
the conflict together.
Prosecutors in criminal cases
usually start with the arresting
police officer.
Defense cross-examines the
prosecution’s witnesses.
Defense can then call
witnesses and the prosecution
can cross-examine them.
Witnesses and Testimony
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Only verifiable facts supported
by personal knowledge of
witnesses are permitted as
evidence in a case.
Witnesses may not report what
they have heard from others or
what they believe is true. This
is hearsay.
Some facts are irrelevant even
if true - for example a
defendants prior record is
irrelevant concerning guilt
(though it may be important in
sentencing).
Closing Statements & Jury
Instructions
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While attorneys are generally free
to structure their closing remarks
any way they like, they may not
make statements that are clearly
biased against a criminal
defendant. If political, racial, or
ethnic slurs are used, a conviction
could be overturned on appeal.
After closing statements, the
judge will instruct the jury on the
kind of evidence needed to
convict a defendant of certain
crimes. Incorrect instructions
provide an opportunity to appeal.
Issues in the Trial Courts
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Jury Size - Most people are familiar with the twelve-person
jury and the need for a unanimous decision. However, many
states have used six-person juries for years and some states
have enacted laws permitting juries to decide cases by certain
size majorities. Why? To save time and money. But, is fairness
compromised?
Issues in the Trial Courts
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Televised Trials - many argue that cameras
prevent the free flow of testimony and
encourage attorney grandstanding, while
others argue that the public has a right to
know
Conclusion
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Juries provide a role for popular
political culture in trial courts.
The ideal search for an objective
jury is filled with practical strategies
for getting a sympathetic jury.
Trials tell a story by piecing together
evidence and testimony from
various witnesses, but lawyers also
try to create mental pictures of
plaintiffs and defendants for the
judge or jury, believing that more
than the facts presented in court are
important in determining trial
decisions.