Courtroom Roles and Responsibilities

advertisement
Courtroom Roles and Responsibilities
Course
Court Systems
and Practices
Unit VII
Courtroom
Professionalism
and Personnel
Essential
Question
What are the
roles and
responsibilities
of members of
the courtroom
work group?
TEKS
§130.296(c)
(2)(A)(B)
(3)(A)(B)
Prior Student
Learning
General
knowledge of
LPSCS careers
Estimated Time
3 to 10 hours
Rationale
The courtroom is a vital part of the criminal justice system. In the courtroom
there are specified roles that allow the courtroom to function and work
properly so that justice is served. There are also standards that witnesses
must meet in order to be effective on the stand.
Objectives
The student will be able to:
1. Explain the roles of the police, prosecutor, judge, and criminal
defense attorney in the criminal process
2. Examine the roles and importance of members of the courtroom work
group such as the jury, bailiff, and court reporter
3. Utilize communication skills to evaluate body language, gestures,
verbal tone, and inflection
4. Utilize interpersonal communication skills
5. Distinguish what makes a good witness
Engage
Use the following for a classroom discussion:
1. List all of the different types of people involved in a trial.
2. Which one would you like to be and why?
3. What do you think that person does during the trial?
Use the Discussion Rubric for assessment.
Key Points
I. Roles of the Courtroom Work Group
A. Police Officer
B. Prosecutor
C. Defense Attorney
D. Judge
E. Defendant
F. Victim
G. Bailiff
H. Court Reporter
I. Jury
II. Responsibilities of Each Courtroom Role
A. Police Officer
1. Has directly worked on the case
2. Is there to tell the facts of the case
3. Will go over the report with the prosecutor before the trial
4. A good report done by the officer will joggle the officer’s
memory.
5. The quality of the case management and the precaution the
1
Copyright © Texas Education Agency, 2011. All rights reserved.
B.
C.
D.
E.
F.
G.
H.
officer has taken at the crime scene accumulates at the
trial.
6. The police officer’s appearance in court is important to his
department’s and his own reputation.
The Prosecutor
1. Is the representative of the state
2. Opens the trial with an opening statement
3. Is the first to present his or her case by calling the first
witnesses
4. Will redirect the witness if necessary
5. Will cross and re-cross the witnesses that the defense
attorney has called
6. Will deliver closing statements after the defense has
delivered theirs
7. Has an obligation to object to the judge when the defense
has violated courtroom procedure
The Defense Attorney
1. Is hired by the defendant or appointed by the state to
represent the defendant
2. Gives an opening statement after the prosecutor
3. Crosses and re-crosses the prosecutor’s witnesses
4. Presents the case and calls his or her witnesses
5. Redirects witnesses if need be
6. Gives a closing statement when done with the case
7. Has an obligation to object to the judge when the
prosecutor has violated courtroom procedure
The Judge
1. Is the referee in the courtroom and has final say on all
things, including objections by the attorneys.
2. Will decide the guilt or innocence of the defendant if the
defendant has waived their right to a jury
The Defendant
1. Is the person accused of the crime
2. Is protected by the 5th amendment from testifying against
his or her self in court
The Victim
1. Is the person the crime was committed against and is
usually called to testify in court
Bailiff
1. Is a certified peace officer that maintains order in the court
2. Administers the oath to anyone who takes the stand
3. Takes things to and from the judge and does anything else
the judge needs
Court Reporter
1. Documents everything that is said during the trial
2. This documentation becomes an official record and may be
2
Copyright © Texas Education Agency, 2011. All rights reserved.
I.
used in further court proceedings.
The Jury
1. Is made up of 6 to 12 U.S. citizens
2. Is selected by the prosecutor and defense attorney before
the trial, but the judge has the final say on who can be in
the jury
3. Decides the innocence or guilt of the defendant and may be
asked to determine the defendant’s sentence if the
defendant is found guilty
III. Terms
A. Direct examination – the first series of questions asked of the
witness by the prosecutor or defense attorneys when they are
presenting their case
B. Redirect examination – when the prosecutor or defense attorneys
are allowed to ask questions after their witness has been crossexamined by the other side
C. Cross-examination – the first series of questions asked of the
witness by the prosecutor or defense attorneys when the other
side is presenting their case
D. Recross-examination – when the prosecutor or defense attorney
can ask questions of the other side’s witness after that witness
has been redirected
E. Objection – prevents illegal questioning; the prosecutor and the
defense attorney have the duty to object to the judge when the
other side is violating proper courtroom procedure
F. Sustain – one of two types of judge rulings on objections; the
witness is not allowed to answer the question that has been
asked of them
G. Overrule – one of two types of judge rulings on objections; the
witness is allowed to answer the question that has been asked of
them
IV. Rules of Good Witness Testimony
A. Everyone who is called to testify at court is considered a witness.
B. The following information will assist in giving an effective and
professional testimony:
1. Be confident
2. Don’t look at the jury, judge, or the accused when walking
into the courtroom
3. When taking the oath, look at the person administering it
4. Sit up straight and keep your hands in your lap, not near
your mouth
5. Answer questions loudly and clearly
6. Make eye contact with the jurors when answering questions
7. Address the judge as “Your Honor” if it is necessary to ask
3
Copyright © Texas Education Agency, 2011. All rights reserved.
the judge a question
8. Understand the question before answering it
9. Stop talking if an objection is made, until the judge has
made a ruling
10. Always tell the truth
11. Admit when you make mistakes
12. Know the facts but do not memorize the testimony
Activities
Have the students participate, as a police officer, in a short mock trial to
practice their courtroom testimony skills. The other students in the class may
assess the student who is testifying, based on the Courtroom Testimony
Rubric. Cover all the proper courtroom testimony instructions using the
Courtroom Roles and Responsibilities computer-based presentation. Then
follow these steps to complete the activity:
1. Give the students a scenario similar to one they would experience as
a police officer (see the sample Courtroom Testimony Case
Scenario).
2. Instruct the students to write a one-page paper based on this
scenario. The students create the details and each student’s report is
unique.
3. Make a copy of each student’s report for each of the other class
members.
4. Have each student testify about his or her case in front of the class
without using the report. The other class members will have a copy
and use it, along with the Courtroom Testimony Rubric, to assess the
validity of the testimony, while acting as the jury. As the instructor, act
as the prosecutor or defense attorney, average the peer assessment
grades for the final grade, and assert your right to make adjustments,
as needed.
Assessments
Courtroom Roles and Responsibilities Exam and Key
Courtroom Roles and Responsibilities Quiz (Open note) and Key
Courtroom Testimony Rubric (Student)
Discussion Rubric
Individual Work Rubric
Research Rubric
Materials
Courtroom Roles and Responsibilities computer-based presentation
Courtroom Testimony Case Scenario
Courtroom Testimony Trial Questions (Teacher)
Resources
The Courts and Criminal Procedure, Instructional Materials Service, Trade
4
Copyright © Texas Education Agency, 2011. All rights reserved.
and Industry Education
Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John
Champion, Richard D. Hartley, & Gary A. Rabe
Our Rights (1st Edition), David Bodenhamer
http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329
The Annenberg Classroom http://www.annenbergclassroom.org
Justice Learning http://www.justicelearning.org
Do an Internet search for FindLaw
Accommodations for Learning Differences
For reinforcement, students will identify terms and phrases used during
courtroom procedures and roles of the courtroom work group. Use the
Individual Work Rubric for assessment.
For enrichment, students will research famous court cases that were lost
because of irresponsible behavior in the courtroom. Use the Research
Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(2) The student explores the roles and responsibilities of members of the
courtroom work group. The student is expected to:
(A) explain the roles of the police, prosecutor, judge and criminal
defense attorney in the criminal process;
(B) examine the roles and importance of members of the courtroom
work group such as the jury, bailiff and court reporter;
(3) The student practices communication skills needed for the courtroom
policies and procedures. The student is expected to:
(A) utilize communication skills to evaluate body language, gestures,
verbal tone and inflection;
(B) utilize interpersonal communication skills;
College and Career Readiness Standards
III. Speaking
A. Understand the elements of communication both in informal group
discussions and formal presentations
1. Understand how style and content of spoken language
varies in different contexts and influences the listener’s
understanding.
IV. Listening
A. Apply listening skills as an individual and as a member of a group
in a variety of settings.
2. Interpret a speaker’s message; identify the position taken
and the evidence in support of that position.
5
Copyright © Texas Education Agency, 2011. All rights reserved.
Courtroom Testimony Case Scenario
You are a police officer working the Friday night shift. It is 11:30 p.m. and you are traveling
south, on the 100 block of Elk Drive, in front of the high school. You receive a call about a
possible drunk driver heading in your direction. The vehicle is described as a 1990’s blue pickup truck that is weaving all over the road.
You clock a vehicle driving your direction at 60 mph. The vehicle starts to veer into your lane
and you steer to the right to avoid a collision. As the vehicle passes, you notice that it matches
the vehicle description of the possible drunk driver.
You turn your squad car around and pull the truck over. You make contact with the driver and
have him perform the field sobriety tests, which he fails. You then arrest the driver for D.W.I.
Write a minimum one page report documenting everything that occurred from the time you
received the call until you made the arrest. List every detail, including the proper name of all the
tests, the name of the clues you observed, the driver’s behaviors, etc. You will use this
information to testify about this case in a mock trial and will be graded by your peers using the
Courtroom Testimony Rubric.
6
Copyright © Texas Education Agency, 2011. All rights reserved.
Courtroom Testimony Trial Questions
1. State your name and occupation.
2. Where you working on the night of _____________?
3. Did you come in contact with the suspect? How?
4. Is that person in the room today?
5. Describe him.
6. What happened next?
7. What made you think that the defendant was intoxicated?
8. What did you do next?
Optional Questions:
What are the clues you observed?
How many clues does it take to fail the test?
7
Copyright © Texas Education Agency, 2011. All rights reserved.
Name: _____________________________
Date: _______________________
Courtroom Roles and Responsibilities Exam
Matching:
1. _____Who is a certified peace officer that maintains order in the court?
2. _____Who is the referee of the courtroom?
3. _____Who is the person against whom the crime has been committed?
4. _____Who is selected before the trial by the prosecutor and defense attorney?
5. _____Who is a representative of the state?
6. _____Who is an employee of the court that records everything that is said in the trial?
7. _____Who represents the defendant?
8. _____Who has worked directly on the case?
9. _____Who is accused of committing the crime?
a) Police officer
b) Court reporter
c) Judge
d) Prosecutor
e) Defense attorney
f) Bailiff
g) Jury
h) Victim
i) Defendant
Multiple Choice:
10. _____What things accumulate at the trial for the police officer?
a) Precaution an officer takes at the crime scene
b) Quality of case management
c) Officer’s anger
d) A and B only
e) All of the above
11. _____What does a good report do to a police officer’s memory?
a) Clouds it
b) Joggles it
c) Drains it
d) Nothing
8
Copyright © Texas Education Agency, 2011. All rights reserved.
12. _____When should the police officer look at their report?
a) Before the trial
b) During the trial
c) After the trial
d) A and B only
e) None of the above
13. _____What should the prosecutor not do for the police officer?
a) Read the officer’s report
b) Question the officer about his/her report
c) Tell the officer what to say
d) Tell the officer what to expect from the defense attorney
14. _____What could an officer’s court appearance do to the officer’s and department’s
reputation?
a) Enhance it
b) Demean it
c) Nothing
d) A and B
e) None of the above
15. _____What should an officer wear to court?
a) Blue jeans
b) Shorts
c) Uniform
d) All of the above
e) A or B only
16. _____What is the opening statement intended to do to the jury?
a) Give them all the details of the case
b) Whet their appetite
c) Give them the option of staying or going home
d) Nothing, it is just a formality
17. _____When does the prosecutor give their closing statement?
a) Before the defense attorney
b) After the defense attorney
c) It does not matter
d) The prosecutor does not normally give a closing statement
18. _____When does the defense attorney give their opening statement?
a) At the very beginning of the trial
b) After the prosecutor gives theirs
c) After the prosecutor is done presenting their case
d) The defense attorney does not normally give an opening statement
19. _____When does the defense attorney give their closing statement?
9
Copyright © Texas Education Agency, 2011. All rights reserved.
a) After the prosecutor gives theirs
b) Before the prosecutor gives theirs
c) When they are done presenting their case
d) Both B and C
20. _____During the closing the statement, the defense attorney emphasizes why their client is
innocent.
a) True
b) False
21. _____What is the first series of questions asked by the prosecutor or defense attorney?
a) Direct examination
b) Redirect examination
c) Cross-examination
d) Recross-examination
22. _____What is the first series of questions asked by the prosecutor or defense attorney after
the other side has already asked their first series of questions?
a) Direct examination
b) Redirect examination
c) Cross-examination
d) Recross-examination
23. _____What is the series of questions asked by the prosecutor or defense attorney called
after the answer to the above question happens?
a) Direct examination
b) Redirect examination
c) Cross-examination
d) Recross-examination
24. _____What is the series of questions asked by the prosecutor or defense attorney called
after the answer to the above question happens?
a) Direct examination
b) Redirect examination
c) Cross-examination
d) Recross-examination
25. _____What do the prosecutor or the defense attorney have the responsibility to do if the
other is violating courtroom procedure?
a) Nothing
b) Walk out
c) Object
d) Inform the jury in their closing statement about it
26. _____What prevents an illegal questioning?
a) Disagreement
b) Interruption
c) Objection
d) Nothing
10
Copyright © Texas Education Agency, 2011. All rights reserved.
27. _____If a defendant waves their right to a jury, who decides their guilt or innocence?
a) An agreement must be reached between the prosecutor and defense attorney
b) The judge
c) Charges against the defendant are dropped
d) Trial cannot happen without a jury
28. _____What does the judge say when the witness is not allowed to answer the question that
the prosecutor or defense attorney has an issue with?
a) Sustained
b) Overruled
c) Allowed
d) Not allowed
29. _____What does the judge say when the witness is allowed to answer the question that the
prosecutor or defense attorney has an issue with?
a) Sustained
b) Overruled
c) Allowed
d) Not allowed
30. _____What amendment protects the defendant from testifying?
a) 3rd
b) 4th
c) 5th
d) 6th
31. _____Who administers the oath to anyone who takes the stand?
a) Judge
b) Jury
c) Court reporter
d) Bailiff
32. _____What is it called if the jury cannot decide the guilt or innocence of the person on trial?
a) Bad trial
b) Undecided jury
c) Hung jury
d) Divided jury
33. _____What should a witness do if they make a mistake?
a) Deny it
b) Admit it
c) Ignore it
d) Both A or C
e) Nothing
11
Copyright © Texas Education Agency, 2011. All rights reserved.
34. _____What should a witness always tell?
a) Only their side of the story
b) The truth
c) About what kind of a scumbag the defendant is or is not
d) Whatever they think they jury wants to hear
35. _____What should a witness never do with their testimony?
a) Rehearse it
b) Think about it
c) Memorize it
d) Forget about it
36. _____How should a witness be on the stand?
a) Nervous
b) Rude
c) Confident
d) Abrasive
37. _____Who should the witness not look at when entering the courtroom?
a) Judge
b) Jury
c) Accused
d) All of the above
38. _____Who should the witness look at when taking the oath?
a) One administering the oath
b) Prosecutor
c) Defense attorney
d) Judge
39. _____Where should a witness’ hands be while testifying?
a) Behind their head
b) In their lap
c) On the side of the chair
d) Behind their back
40. _____How should the witness answer the questions?
a) Loudly
b) Clearly
c) Should be soft spoken
d) Both A and B
41. _____What should the witness do with the jury?
a) Smile
b) Make eye contact
c) Ignore
d) Both A and B
42. _____How does a witness address a judge?
12
Copyright © Texas Education Agency, 2011. All rights reserved.
a) Sir
b) Judge
c) Your Honor
d) Your Majesty
43. _____What should a witness specifically do about a question before they answer it?
a) Dissect it
b) Listen to it
c) Understand it
d) Nothing
44. _____What should a witness do if there is an objection?
a) Stop talking
b) Keep talking
c) Ignore it
d) Ask about it
45. _____What are the court reporter’s notes considered to be?
a) The media’s account of what happened during the trial
b) Official documents
c) Hearsay
d) After thoughts
13
Copyright © Texas Education Agency, 2011. All rights reserved.
Courtroom Roles and Responsibilities Exam Key
1. F
2. C
3. H
4. G
5. D
6. B
7. E
8. A
9. I
10. D
11. B
12. A
13. C
14. D
15. C
16. B
17. B
18. B
19. D
20. A
21. A
22. C
23. B
24. D
25. C
26. C
27. B
28. A
29. B
30. C
31. D
32. C
33. B
34. B
35. C
36. C
37. D
38. A
39. B
40. D
41. B
42. C
43. C
44. A
45. B
14
Copyright © Texas Education Agency, 2011. All rights reserved.
Name: _____________________________
Date: _______________________
Courtroom Roles and Responsibilities Quiz
Who is a certified peace officer that maintains order in the court?
1.___________________________________
Who is the referee of the courtroom?
2.___________________________________
Who is the person against whom the crime has been committed?
3.___________________________________
Who is selected before the trial by the prosecutor and defense attorney?
4.___________________________________
Who is a representative of the state?
5.___________________________________
Who is an employee of the court that records everything that is said in the trial?
6.___________________________________
Who represents the defendant?
7.___________________________________
Who has worked directly on the case?
8.___________________________________
Who is accused of committing the crime?
9.___________________________________
What two things accumulate at the trial for the police officer?
10.___________________________________
11.__________________________________
15
Copyright © Texas Education Agency, 2011. All rights reserved.
What does a good report do to the police officer’s memory?
12. _________________________________
When should the police officer look at the report?
13._________________________________
What should the prosecutor not do for the police officer?
14._________________________________
What two things could an officer’s court appearance do to the officer’s and department’s
reputation?
15._________________________________
16._________________________________
What should an officer wear to court?
17. _________________________________or
18._________________________________
What is the opening statement intended to do to the jury?
19.__________________________________
When does the prosecutor give their closing statement?
20.__________________________________
When does the defense attorney give their opening statement?
21.__________________________________
When does the defense attorney give their closing statement?
22.__________________________________
What does the defense attorney emphasize to the jury during their closing statement?
23.__________________________________
16
Copyright © Texas Education Agency, 2011. All rights reserved.
What is the first series of questions asked by the prosecutor or defense attorney when they are
presenting their case called?
24.__________________________________
What is the first series of questions asked by the prosecutor or defense attorney when the other
side is presenting their case called?
25.__________________________________
What is the series of questions asked by the prosecutor or defense attorney called after the
answer to the above question happens?
26.__________________________________
What is the series of questions asked by the prosecutor or defense attorney called after the
answer to the above question happens?
27.__________________________________
What do the prosecutor or the defense attorney have the responsibility to do if the other is
violating courtroom procedure?
28.__________________________________
What prevents illegal questioning?
29.__________________________________
If a defendant waives their right to a jury, who decides their guilt or innocence?
30.__________________________________
What does the judge say when a witness is not allowed to answer a question that the prosecutor
or defense attorney has an issue with?
31.__________________________________
What does the judge say when a witness can answer a question that the prosecutor or defense
attorney has an issue with?
32.__________________________________
What amendment protects the defendant from testifying?
17
Copyright © Texas Education Agency, 2011. All rights reserved.
33.__________________________________
Who administers the oath to anyone who takes the stand?
34.__________________________________
What is it called if the jury cannot decide the guilt or innocence of the person on trial?
35.__________________________________
What should a witness do if they make a mistake?
36.__________________________________
What should a witness always tell?
37.__________________________________
What should a witness not do with their testimony?
38.__________________________________
How should a witness be on the stand?
39.__________________________________
Who should the witness not look at when walking into the courtroom?
40.__________________________________
41.__________________________________
42.__________________________________
Who should the witness look at when taking the oath?
43.__________________________________
Where should the witness hands be during the trial?
44.__________________________________
How should the witness answer the questions?
45.__________________________________
18
Copyright © Texas Education Agency, 2011. All rights reserved.
46.__________________________________
What should the witness do with the jurors?
47.__________________________________
How does a witness address a judge?
48.__________________________________
What should a witness do about a question before he answers it?
49. __________________________________
What should a witness do if there is an objection?
50.__________________________________
19
Copyright © Texas Education Agency, 2011. All rights reserved.
Courtroom Roles and Responsibilities Quiz Key
1. bailiff
2. judge
3. victim
4. jury
5. prosecutor
6. court reporter
7. defense attorney
8. police officer
9. defendant
10. precaution an officer takes at the crime
scene
11. quality of case management
12. joggles it
13. before the trial
14. tell them what to say
15. enhance it
16. demean it
17. uniform or
18. formal wear
19. wet their appetite
20. after the defense attorney gives theirs
21. after the prosecutor gives theirs
22. when they are done presenting their
case or before the prosecution gives theirs
23. why their client is innocent
24. direct examination
25. cross-examination
26. redirect examination
27. recross-examination
28. object
29. objection
30. judge
31. sustained
32. overruled
33. 5th
34. bailiff
35. hung jury
36. admit it
37. truth
38. memorize it
39. confident
40. judge
41. jury
42. accused
43. person administering it
44. in their lap
45. loudly
46. clearly
47. make eye contact
48. Your Honor
49. understand it
50. stop talking
20
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Courtroom Testimony Rubric
Directions: Rate the testifying student (officer) using the below rubric.
Officer’s Name: _________________________________________
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Exhibited knowledge of their report
Made eye contact with the jury
Maintained confident body language
Kept their hands in their lap
Listened to the entire question before
responding
Spoke loudly and clearly
Did not become combative or upset even
though baited by the attorney
Admitted to any mistakes in their testimony
Told the truth according to their report
Based on their testimony, would you find
the defendant guilty (4 points) or not guilty
(1 point)
Total Points (40 pts.)
21
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
22
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
23
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
24
Copyright © Texas Education Agency, 2011. All rights reserved.
Download