COURTROOM
DUTIES OF DEFENSE ATTORNEY
Represents the accused and convicted
Must have knowledge of the law
Skilled in investigation
Experiences in advocacy
Relationship with prosecutors
COUNSEL FOR INDIGENTS
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Right guaranteed by the ?
Attorneys are provided by the
government
Provided early in the process
ASSIGNED COUNSEL
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Court appoints a private attorney
Widely used in small cities and rural
areas
CONTRACT SYSTEM
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An attorney, nonprofit organization
or private law firm contracts with a
local government
Used in a few counties
PUBLIC DEFENDER
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Used in 43 of the 50 states
Viewed as better than assigned
counsel
Trust of client is an issue
PROCEDURE IN COURT
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REMEMBER 48 HOUR RULE
36 HOUR RULE
Motion: requests that an order be
issued to bring about a specific
action
Bail—sum of money specified by the
judge that is presents as a condition
of release
PLEAS
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INSANITY
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Test to determine right from wrong is
known as: MCNAUGHTEN RULE
NORGAARD
Guilty but cannot recall facts
Common with chemical use
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ALFORD—realizes that the State of
MN has a strong factual basis.
Pleads not guilty but accepts
punishment
NOLO CONTENDRE—Evidence from
the criminal case cannot be used in
a civil trial—NOT USED IN MN
PLEA BARGAIN
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NEGOTIATING AN AGREEMENT IN A
CRIMINAL TRIAL
CHANGE OF VENUE
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IF THERE HAS BEEN A LOT OF
PRETRIAL PUBLICITY THE DEFENSE
MAY FILE A MOTION FOR A CHNGE
OF VENUE PRIOR TO THE TRIAL
BEGINNING.
DISCOVERY
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NO SURPRISE WITNESSES OR
EVIDENCE
OMNIBUS HEARING
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IF THERE IS PROBABLE CAUSE AND
TO DECIDE THE ADMISSIBILITY OF
EVIDENCE----4TH AMENDEMENT
TRIALS
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Bench Trial—conducted by a judge
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Jury Trial—a panel of citizens
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Felony case—12 jurors
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GM, Misd—5 jurors
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PROSECUTION MUST PROVE GUILT
BEYOND A REASONABLE DOUBT IN
A CRIMINAL TRIAL
PREPONDERANCE OF THE
EVIDENCE IN A CIVIL TRIAL
Functions of Juries
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Prevent government oppression
Determine guilt
Represent diverse community
issues
Serve as a buffer
Symbolize the rule of the law
Trial Process
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Selection of Jury
Opening statements
Presentation of prosecution’s
evidence
Presentation of defense’s evidence
Presentation of rebuttal witnesses
Closing arguments
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Jury instructions
Decision by Jury
Voir Dire Examination—questioning of
prospective jurors
 Challenge for Cause-removal because
they have a bias
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Premptory Challenge-remove without reason
JURY STRIKES
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PROSECUTOR-----3
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DEFENSE------5
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BEGIN WITH 20
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END WITH A TOTAL OF 13
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12 ON JURY AND ONE ALTERNATE
EVIDENCE
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Real Evidence---physical
Demonstrative—information
relevant to the crime
Testimony—oral evidence
Direct Evidence—eyewitness
accounts
Circumstantial Evidence—require
the jury to infer a fact
SPREIGEL EVIDENCE
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JUDGE MAY PERMIT THE
PROSECUTOR TO INTRODUCE
EVIDENCE THAT THE DEFENDANT
HAS COMMITTED SIMILAR CRIMES
NOT DOUBLE JEOPARDY
SUBPOENA
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A LEGAL DOCUMENT ORDERING A
PERSON TO TESTIFY IN A COURT
OF LAW AS A WITNESS
POLICE OFFICER WOULD USE WHAT
TO REFRESH MEMORY?
POLICE OFFICER
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PROFESSIONAL ATTIRE
SPEAKS TO JUDGE OR JURY
NO JARGON
ALERT DEMEANOR
Buck Savage
Presentation of Defense’s Evidence
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Contrary evidence is introduced
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Alibi is offered
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Key issue is whether or not the
accused will take the stand
SELF DEFENSE
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Elements:
DUTY TO RETREAT
PRIMARY AGRESSOR
FEAR OF GREAT BODILY HARM
JURY INSTRUCTIONS
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Reasonable doubt—standard used
to determine if prosecution has
enough evidence for conviction
Judge interprets the law to the Jury
DECISION BY THE JURY
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Guilty
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Jury can be polled
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Not guilty
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Hung jury
VICTIMS
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VICTIMS ARE ALLOWED TO GIVE
AN IMPACT STATEMENT AT THE
SENTENCING
SPEAK ONLY TO JUDGE
CONSEQUENCES
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STAY OF EXECUTION—get probation
but prison sentence is held over
head
STAY OF IMPOSITION—probation
instead of prison, when probation is
completed the felony becomes a
misd on criminal record
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A MONITORING DEVICE—ankle
bracelet
SUSPENDED SENTENCE—Max
sentence given but some not carried
out
WORK RELEASE PROGRAM
PRISON TERM—Sentencing Guidelines
GRAND JURIES
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FEDERAL
STATE
FUNCTIONS
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Investigation
Indictment
MINNESOTA GRAND JURY
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REQUIRE AN INDICTMENT TO
BEGIN PROSECUTIONS THAT
COULD RESULT IN LIFE
IMPRISONMENT
DOES NOT DETERMINE GUILT OR
INNOCENCE
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CONTROVRSIAL CASES TO SEE
WHAT THE COMMUNITY FEELS
SHOULD HAPPEN
WHEN WITNESS REFUSES TO
COOPERATE WITH LE. THE GRAND
JURY CAN QUESTION.
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BASIC TERM FOR FEDERAL GRAND
JURY IS 18 MONTHS
HENNEPIN COUNTY IS 4 MONTHS
16-23 JURORS IN MN
16 IS A QUORUM IN MN
12 ARE NEEDED TO INDICT IN MN
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PROCEEDINGS ARE MORE
INFORMAL
NO DEFENSE PRESENT
NO JUDGE
PROCEEDINGS ARE RECORDED
JURORS ARE CHOSEN FROM VOTER
REGISTRATIONS AND DRIVERS
LICENSE RECORDS—18 YRS OLD
APPEALS
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A request to a higher court that it
review actions taken in a completed
trial
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Based on questions of procedure
Conviction may be upheld or set aside
Most appeals are unsuccessful
Habeas Corpus—a writ requesting
that a judge examine whether an
individual is being properly detained
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The appeal process performs the
important function of righting
wrongs
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Should they be limited?
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Are offenders being “let off?”