Assembly Line Justice
Course
Court Systems
and Practices
Unit VII
Courtroom
Professionalism
and Personnel
Essential
Question
There are many
key players in the
court process.
What impact do
the defendant
and the victim
have on the court
proceedings and
what role does
discretion have in
trials?
TEKS
§130.296(c)
(2)(C)(D)
Prior Student
Learning
Function of the
court system,
Roles of
professionals/jury
in the criminal
process, and
Understands the
criminal process
Estimated Time
4 hours
Rationale
The role of the victim and the defendant in the trial process is crucial for
understanding our due process justice system. Both parties can make a
tremendous impact on the outcome of the trial. Judicial discretion also plays a
key role in the trial process. There are many instances when judges do not have
discretion due to sentencing guidelines, but they do have discretion within the
trial that can impact the outcome of the trial significantly.
Objectives
The student will be able to
1. Examine the role of the victim in the criminal trial process
2. Analyze the impact of the victim and the defendant upon the courtroom
process
3. Discuss the dynamics of assembly line justice and discretion found in
court proceedings
Engage
Do an Internet search for video Mom Delivers Victim Impact Statement. Play and
then debate the video. Use the following questions for the class debate. Use the
Debate Rubric for assessment.
 Should a defendant’s courtroom demeanor be taken into account by the
jury in making their decision in a criminal case?
 What role do facial expression, hand gestures, and outward behavior play
in the courtroom?
 Does dress affect the jury’s perception of the defendant?
Key Points
I. Role of the Victim
A. Report the crime – prompt reporting helps ensure preservation of
evidence and increases the victim’s credibility
B. Preserve the evidence – evidence will be gathered, photographed, and
documented for later use in court
C. Seek medical attention
1. Victims may have physical injuries that need attention
2. Medical records are documentation of evidence
3. Victims should also seek counseling if needed
4. Crime victim’s compensation can help victims with the cost of
treatment or counseling
D. Meet with police and prosecutors
1. First responding officers will get basic information regarding the
crime
2. Detectives will generally follow up with a more thorough
investigation
3. After charges are filed, a prosecutor will be assigned
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4. Prosecutors and victims’ advocates will meet with and interview the
victim
E. Testify
1. Adult Victims
a. Victims’ advocates will prepare a victim for what to expect
during the testimony and the contents of the testimony
needed
b. Victims will be held in a separate area during the trial until it is
their time to testify
c. Prosecutors will ask questions first
d. Defense attorneys will then cross-examine
2. Child Victims
a. The judge will ask the child questions to determine if the child
is capable of testifying
b. Testifying can be an important part of the healing process for
the child
c. The child will be prepared by prosecutors and advocates prior
to testimony
F. Make a victim impact statement – tells the judge and jury how the crime
has impacted the victim and his or her family physically, emotionally,
and financially
G. Register for notification of the defendant’s release – notifies victims
about the defendant’s (offender’s) status, parole eligibility, parole
hearings, release from custody, and transfer to minimum security
facilities
II. Victim Impact on Trial
A. Victim Impact Statements
1. “…are written or oral information about the impact of the crime on
the victim and the victim’s family” –National Center for Victims of
Crime
2. Draw jurors away from the procedures of a trial and replace it with
a more human emotion
3. Are presented before sentencing, but may also be collected during
pre-trial proceedings
4. Give a glimpse into the defendant’s behavior, the impact it has on
the victim and his or her family, and gives recommendations for
sentencing
5. Are used by the court to examine current crime, criminal history,
and medical and psychological stability
6. Can be presented by the victim’s family in cases of murder
B. Victim participation in investigations
1. Victims of crime play an essential role in the criminal investigations
by providing timelines of events and by providing testimony at trial
2. Victims provide evidence of the crime
3. Victims may be called to provide testimony before the court at
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several different court dates
III. Defendant’s Courtroom Role
A. Defendant’s demeanor
1. Dress conservatively
2. Get a fresh haircut for the trial
3. Stand up and speak clearly and intelligently
4. Say, “Yes, your Honor,” and, “No, your Honor”
5. Be respectful – be courteous – be polite
6. Be ready and attentive to be called during the trial
7. Turn off your cell phone and other electronics
8. Be on your best behavior
9. Take notes of questions and comment for your attorney
10. The defendant’s behavior and/or demeanor in the courtroom can
greatly impact the outcome of the trial (it has been shown in many
high profile criminal cases that jurors use the defendant’s
courtroom demeanor to determine sincerity and culpability)
B. Defendant’s role in the trial
1. A prior criminal record can impact the decision to testify
a. Criminal history can be used to impeach a defendant’s
credibility as a witness
b. Prior criminal records bias juries while making their decision
c. Jurors may be willing to convict on less evidence if the
defendant has a criminal record
C. Codefendant’s role
1. Plead to a lesser charge in exchange for his or her testimony
against the main defendant (See Activity 2)
2. Testimony becomes “he said/she said,” and it is then up to the jury
to decide who is being more truthful
3. Codefendants may be convicted in a separate trial which can play
a role in the trial of the defendant
4. Multiple codefendants tend to increase the likelihood of conviction
for the defendant
IV. Assembly Line Justice
A. Definition – cases are treated in a specific way by all parties and a
standardized response on how to handle the case is developed.
Individual details are largely ignored for the sake of expediency and
efficiency
B. Defendants are all treated the same. There is no discretion for the court.
Defendants are merely pushed through the system
C. Discretion – The power to make decisions on some matters without
being bound by precedent or strict rules established by statutes
1. Juries were put into place as a check on judicial discretion
2. Judges may use discretion in court proceedings. For instance,
allowing evidence during sentencing or as needed during the trial
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process
3. Prosecutors use discretion when determining what charges to
bring against defendants and in deciding what witnesses to
present
4. Defense attorneys use discretion in determining whether or not to
put the defendant on the stand to testify
5. Defense attorneys and prosecutors use discretion when deciding
whether or not to offer the defendant a plea bargain
D. Example – Operation Streamline
1. Migrants from Mexico and Central America with no prior criminal
record have attempted to cross the border in search of work or to
reunite with family in the U.S.
2. The first-time offense is a misdemeanor punishable by up to 6
months in prison. Those charged with re-entry face a felony with a
minimum of 2 years, with a possibility of 20 years if they have a
criminal record
3. The program has removed prosecutorial discretion that requires
criminal prosecution of all undocumented border crossers,
regardless of their history
4. The program strains the resources of judges, U.S. attorneys,
defense attorneys, U.S. Marshals, and court personnel
5. Voluminous prosecutions of up to 80 defendants at a time force
courts to cut procedural corners and deprive violators of their due
process rights
Activities
1. Criminal Case Profile Research. Have the students research high profile
cases in which the defendant’s courtroom demeanor played a key role in the
outcome of the trial. Then have students report what demeanor was taken
into account by the jury while making their decision. Students may also want
to find trial footage to demonstrate their points. Use the Presentation Rubric
for assessment.
2. Role of the Codefendant Class Discussion. Do an Internet search for Legal
experts: Co-defendant's testimony will 'make or break' Kissel case. Read the
article and have the students write about the role the codefendant had on the
murder trial and how the outcome could have changed without the
codefendant’s testimony. Use the Writing Rubric for assessment.
3. Operation Streamline Class Discussion. Have students research Operation
Streamline. Then use the following questions for a class discussion: Is this
form of assembly line justice affective? Is it fair under the circumstances?
Use the Discussion Rubric for assessment.
4. Jury Deliberation. Have the students act as jury members. For jury
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deliberation purposes, have students read all of the documents related to the
case of Clinton Young. (Do an Internet search for save an innocent life). You
may assign this as homework or allow them time to read it in class. As the
instructor, serve as the judge and mediate the discussion. Students will be
asked to vote on the outcome of the case (guilty or not guilty). Based on the
vote of the class, open the deliberation up to discussion on why the jurors
voted the way they did. Students should be able to discuss evidence that
swayed their vote one way or another. Use the Discussion Rubric for
assessment (this activity can also be presented in the form of a mock trial—
to do this, simply assign a particular document and role to each student).
5. Assembly Line Justice Reading, Video and Discussion. Have students read
the interview with Defense Attorney Stephen Bright regarding Assembly Line
Justice (as homework or in class). After students have read the article play
the PBS special “The Plea” (90 minutes) (see links below). After students
watch the video, have them discuss the impact “assembly line justice” has on
our justice system including the pros and cons of this type of justice system.
Use the Discussion Rubric for assessment.
 The Interview with Stephen Bright:
http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/bright.
html
 The Plea Video:
http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/
Assessments
Assembly Line Justice Exam and Key
Debate Rubric
Discussion Rubric
Presentation Rubric
Summary Rubric
Writing Rubric
Materials
Assembly Line Justice computer-based presentation
Computers with Internet access
Presentation materials or computer-based presentation software
Computer with Internet access and a projector
Resources
Assembly-line Justice: A Review of Operation Streamline
http://www.law.berkeley.edu/files/Operation_Streamline_Policy_Brief.pdf
Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on
the Decision to Testify and on Trial Outcomes
http://legalworkshop.org/2009/09/14/taking-a-stand-on-taking-the-stand-theeffect-of-a-prior-criminal-record-on-the-decision-to-testify-and-on-trialoutcomes
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The Interview with Stephen Bright
http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/bright.html
The Plea Video http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/
National Center for Victims of Crime http://www.ncvc.org/ncvc/Main.aspx
Do an Internet search for the following:
 Video mom delivers victim impact statement
 Ehow victim participation in the criminal justice process
 Victim’s role in a criminal prosecution
 Defendant’s brain disease impacts trial
 Criminal law library blog Jury Expert Has a New Look
 Save an innocent life
 Legal experts: Co-defendant's testimony will 'make or break' Kissel case
Accommodations for Learning Differences
For reinforcement, students will find famous court cases in which the defendant’s
behavior impacted the decision of the court. Examine the role that the defendant
and any co-defendants played in their conviction or acquittal. Use the Summary
Rubric for assessment.
For enrichment students will research cases in which judges have exercised
discretion in sentencing. Students will write how discretion was used and how it
impacted the outcome of the trial. Use the Summary 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
courtroom work groups. The student is expected to:
(C)
analyze the impact of the victim and the defendant upon the
courtroom process; and
(D)
discuss the dynamics of assembly line justice and discretion
found in court proceedings.
College and Career Readiness Standards
Cross-disciplinary Standards
C. Problem solving
1. Analyze a situation to identify a problem to be solved.
2. Develop and apply multiple strategies to solve a problem.
3. Collect evidence and data systematically and directly relate to
solving a problem.
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Name:______
_______________________ Date:________________________
Assembly Line Justice Exam
1) _____ Who will determine whether or not a child is capable of testifying in court?
a) Prosecutor
b) Defense attorney
c) Judge
d) Victim advocate
.
2) _____ Testifying is not an important part of the healing process for child victims.
a) True
b) False
.
3) _____ When testifying in court, who will be the first to ask questions of the victim?
a) Prosecutor
b) Defense attorney
c) Judge
d) Bailiff
.
4) _____ When testifying in court, victims’ advocates will help with
a) Determining if a child is capable of testifying
b) Preparing the victim for testimony
c) Ensuring that victims are kept separate from suspects
d) Examining the impact the crime had on the victim
.
5) _____ Basic information regarding the crime is obtained by whom?
a) First responding police officer
b) Detective
c) Prosecutor
d) Victim advocate
.
6) _____ Which of the following statements is false?
a) Victims should seek medical attention if they suffer from physical injuries that need
attention
b) Victims should seek medication attention to document injuries/evidence through
medical records
c) Victims should not seek counseling for emotional injuries
d) Crime victim's compensation can help cover costs
.
7) _____ Which three steps must be taken when preserving evidence?
a) Gather, photograph, and document
b) Collect, process for DNA, and log into the property room
c) Link to suspect, photograph, and process for trace evidence
d) Collect all of suspect's clothes, document location of evidence, chemically process
.
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8) _____ Prompt reporting of a crime helps ensure
a) Preservation of evidence
b) Victim's credibility
c) Quick medical attention to physical injuries
d) Both A and B
.
9) _____ Victims may be called to provide testimony before the court at several different court
dates.
a) True
b) False
.
10) ____ Which of these is not part of the victim's role in the court process?
a) Responsibility to seek medical attention
b) Delaying reporting the crime to help ensure evidence is degraded
c) Meet with prosecutors and police
d) Testify in court
.
11) ____ Which of the following is not true regarding a Victim Impact Statement:
a) Plays an essential role in the criminal investigation
b) Draws jurors away from procedures and draws upon emotions
c) Used by court to establish criminal history and provides medical and psychological
background
d) May be presented by victim's family in cases of murder
.
12) ____ A written or oral statement about the impact of a crime on the victim and the victim's
family is called what?
a) Reporting the crime
b) Crime Victim Compensation
c) Victim Impact Statement
d) Courtroom testimony
.
13) ____ What is it called when cases are treated in a specific way by all parties and a
standardized response to handle it is developed?
a) Discretion
b) Prosecutorial discretion
c) Assembly line justice
d) Justice
.
14) ____ The power of the judge to make decisions on some matters without being bound by
precedent or strict rules established by statutes is called what?
a) Judicial discretion
b) Jury discretion
c) Prosecutorial discretion
d) Discretion
.
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15) ____ Immigrants that reenter the U.S. are charged with what level offense and can receive
what maximum sentence?
a) Misdemeanor; 2 years
b) Misdemeanor; 6 months
c) Felony; 2 ½ years
d) Felony; 20 years
.
16) ____ What are the main reasons immigrants attempt to cross the border?
a) In search of work
b) To reunite with family
c) To smuggle drugs
d) Both A and B
e) All of the above
.
17) ____ Which of the following is not characteristic of Operation Streamline?
a) Voluminous prosecutions forced courts to cut procedural corners
b) Prosecutors have ultimate discretion in prosecution of documented border
crossers
c) Up to 80 defendants at a time, depriving due process
d) Maximum of 6 months for first offense
.
18) ____ Which of the following is not true about codefendants?
a) They may plead to a lesser charge in exchange for testimony
b) It is often "he said/she said" type of testimony
c) Codefendants may be convicted in the same or in a different trial
d) Codefendants do not have to testify against each other
.
19) ____ Jurors may use the defendant's demeanor in the courtroom to determine
a) Guilt or innocence
b) Sincerity and culpability
c) Physical and mental abilities
d) Ability to testify in his/her own behalf
.
20) ____ To show interest and participation in the trial, the defendant should:
a) Be respectful, courteous, and polite
B) Take notes to ask his attorney
c) Stand up, and speak clearly and intelligently
d) All of the above
.
21) ____ Prior to entering the courtroom, the defendant should turn his cell phone to silent.
a) True
b) False
.
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22) ____ The defendant's demeanor in the courtroom makes a tremendous impact on the jury.
In order to portray a softer image, defendants may utilize which of the following
tactics?
a) Dress conservatively in clean business attire
b) Wear his or her hair in dread locks
c) Say "yeah" and "what?" to the judge
d) Sleep during testimony
.
23) ____ Victims that sign up for notification of defendant's release will be notified of which of
the following changes?
a) Inmate status
b) Parole eligibility and parole hearing dates
c) Release from custody or transfer
d) All of the above
.
24) ____ Victim Impact Statements should include all but which of the following?
a) Physical impact of crime
b) Emotional impact of crime
c) Financial impact of crime
d) They should include all of the above
.
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Assembly Line Justice Exam Key
1) C
2) B
3) A
4) B
5) A
6) C
7) A
8) D
9) A
10) B
11) A
12) C
13) C
14) A
15) D
16) D
17) B
18) D
19) B
20) D
21) A
22) A
23) D
24) D
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Name:____________________________________
Date:_____________________________________
Debate Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Information
Clear, accurate and thorough
Facts, statistics, and/or examples
are used to support major points
Communication
Respectful body language
Respectful responses
Focused/On-topic
Sarcasm avoided
Participation
Full participation
Attentive listening
Total Points (32 pts.)
Comments:
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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:
13
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
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Name_______________________________________
Date_______________________________
Summary Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The critical analysis has all required
parts from introduction to body to
conclusion.
The critical analysis is concise but
complete.
The critical analysis demonstrates
that the writer comprehends the
content.
The critical analysis demonstrates
accurate spelling, grammar, and
punctuation.
The overall content of the critical
analysis emphasizes appropriate
points.
The writer shows an understanding
of sentence structure,
paragraphing, and punctuation.
The source of the critical analysis is
clearly and accurately documented.
The critical analysis demonstrates
the correct use of terminology.
Total Points (32 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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