UNIT 3: COURT SYSTEM
There are five independent but interrelated parts of
the court system. They are….
1. Judge
2. Prosecution
3. Defense
4. Jury
5. Probation Department
SYNONYMS IN THE COURT SYSTEM
1.
“Prosecution”
District Attorney (D.A.)
State
People
Prosecutor
2.
“Defense”
Accused
Defendant
3. “Attorney”
Counsel
Lawyer
Representation
Latin
nolo contendere
habeas corpus
modus operandi
First Step in Process
#1 Arraignment
*your initial (1st) hearing
*happens ASAP after arrest
*very brief proceeding
WHAT HAPPENS AT ARRAIGNMENT?
5 things
1. Charges are read to the accused
2. Rights are explained in detail
3. Attorney requested if already not done so
4. Bail is determined/set
5. Plea is entered
MA Law states all accused must first plead not
guilty!
WHAT EXACTLY IS BAIL?
• Definition- money paid to the courts to insure
you will make your next and every required
court hearing:
• Synonym-> “collateral”
• Could be required to pay percentage of full
amount, payments
• Options if can’t afford to pay?
BAIL OPTIONS
Bond Agent/Bond Company
-Agent pays the bail, you are released, you then pay
back money with an additional fee. Fee is how they
profit. “comparison”-home loan with interest
WHAT COULD HAPPEN IF YOU DON’T SHOW UP
FOR A COURT APPEARANCE?
One possibility is……..
CONDITIONS ASSESSING DENIAL OF BAIL
1. prior record (1st time or lengthy?)
2. circumstances of crime
(violent, child)
3. likelihood to flee
4. dangerousness to community
5. likelihood to recommit
PERSONAL RECOGNIZANCE
What kind of things would “tie” an
individual to an area charged with
a crime?
1. family
2. job or career/profession?
3. community involvement
4. residence?
8TH AMENDMENT SAYS……
“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted”.
What would you consider cruel and
unusual?
WHAT IF YOU GOT THE CHANCE TO
PLAY THE ROLE OF………
In 4-6 sentences, simulate a
statement from one of the
following talking about your
style as a Judge. Be accurate to
your personality!
1. defendant
2. defense attorney
3. prosecutor
4. court reporter
PRE-TRIAL PROCEDURES/HEARINGS
#1”Arraignment”
Then depending what state you are in……
#2 Grand Jury Indictment
Or
#2 Preliminary Hearing
Majority of states  Preliminary Hearing
Massachusetts? Grand Jury Indictment
GRAND JURY INDICTMENT
1.
2.
16-23 people serve on jury
Only prosecution presents facts/evidence.
Defendant is not present.
3. Majority percentage vote sends to trial process
4. The jury votes whether police had probable
cause to arrest. Confirmation of Probable Cause
In other words, is there enough evidence against
accused to go to trial?
PRELIMINARY HEARING
1. Both prosecution and defense present
evidence.
2. No jury, judge confirms if law enforcement
had probable cause.
3. Defendant is not present.
What system would you rather have for
Massachusetts? Why?
NEXT STEP IS…… DEPENDING ON WHAT STATE..
“Plea Hearing”
• Not guilty set date for trial
• Guilty immediately to sentencing
• Nolo Contendere (“no contest”) can’t
be taken to civil trial for same crime,
immediately to sentencing
WHAT ARE PRE-TRIAL MOTIONS?
-They are requests for a separate hearing
that either the Prosecution or Defense
makes that are not done unless granted.
For example..
1. Continuance- more time to prepare case
2. Examination of Competency- evaluation
of defendant if competent to stand trial
3. Change of Venue- change of location of
trial because fairness of trial is
compromised
4. Suppress Evidence- certain pieces of
evidence can not be introduced to jury
What word is associated with this???????
JARED LEE LOUGHNER
USA TODAY REPORTS
• Update at 3:40 p.m. ET January 8th
• Rep. Gabrielle Giffords, D-Ariz., has been shot in the
head and is in critical condition following a shooting
earlier today at an event outside of a Tucson grocery
store in her district.
• C.J. Karamargin, a spokesman for Giffords, told the
Associated Press that the congresswoman was in
surgery as of 1 p.m. Arizona time. Karamargin said an
unspecified number of Giffords' staff members were
injured in the shooting. Karamargin said he had no other
information on the conditions of the injured or on the
circumstances of the shooting.
PLEA BARGAINING PROCESS
-Both sides (prosecution/defense) come together and make
compromise to avoid going to trial.
Prosecution Advantages
1. guilty verdict (victory)
2. save time and money (tax payers/budget)
3. concentrate on cases going to trial
Defense Advantages
1. reduced sentence
2. some charges dropped
3. reduced severity of charge(s), for example…
ATTORNEY’S RESPONSIBILITIES BETWEEN
PLEA HEARING AND 1ST DAY OF TRIAL
1. Review entre police report
2. Review all evidence
3. Interview all witnesses
4. Study case history (precedents set)
5. Interview relevant expert witnesses
6. Background check on all relevant people
Months, months, months…..Years?
“APPEAL PLEA AGREEMENT 2012”
• Supreme Court Ruling 5-4
• Precedent/Case Law set
*Any convicted offender can appeal
his/her sentence if guilty verdict was reached in
spite of plea agreement being offered and
refused, and can prove legal counsel did not
provide best defense possible with use of the
plea agreement. Violation of 6th Amendment
• Offender must prove…..
1. offender would have accepted plea
agreement if not for legal advice given
2. reasonable probability prosecutor would
not have withdrawn offer before trial
3. judge would have accepted offer
GIDEON V. WAINWRIGHT (1963)
*Clarence Earl Gideon 1961
*arrested on charges of B & E and petty larceny
*defended himself in court
*5 year sentence in prison
*appealed from prison that he was imprisoned
illegally
Case Law Established:
Any indigent defendant cannot be denied
the right to counsel. If they request legal
representation, they must be provided with.
6th Amendment
STEPS OF THE TRIAL
Step 1
Opening StatementsBoth sides explain to the judge and
jury the evidence to be presented
as proof of the allegations against
the defendant, or to
deny/discredit/create doubt about
the allegations
Who goes 1st? Prosecution> Burden of Proof
STEP 2
Direct Examination by the Prosecution:
-Each one of the Prosecution’s
witnesses (such as police, experts, eyewitnesses) is questioned. Their testimony
is proof against the defendant.
STEP 3
Cross Examination by the Defense
-The defense will ask questions of the
Prosecution’s witnesses. Their goal is to
discredit the witness, or create doubt in the
minds of the jurors.
STEP 4
Motion to Dismiss-
At this point, the Defense can request
a “motion to dismiss” or ask the judge
to render a “directed verdict”,
therefore ending the case by
dismissing the charges.
Not often done.
STEP 5
Direct Examination by the Defense:
Each defense witness is questioned
and evidence is submitted in favor of the
defense. Witnesses such as:
1. experts
2. eye witnesses
3. character witnesses
STEP 6
Cross Examination by the……..
Prosecution
Each defense witness is cross examined.
The goal of the questioning is to
discredit the witness, or to create
doubt in the minds of the jury about
the credibility of the witness.
STEP 7
Closing Statements by Prosecution then
Defense
Reviews all evidence, states
how the evidence proves or
denies allegations, then asks
for a guilty or not guilty
finding
STEP 8
Rebuttal Argument
Prosecutor has the right to make
additional closing statements
Why doesn’t the defense get this?????
Burden of Proof falls where?
STEP 9
Jury Instructions
The judge instructs the jury as to the
law(s) that apply to that particular
case.
He/she also explains their
responsibilities in reaching a verdict
STEP 10
Jury Deliberations
The jury, behind closed doors,
discusses the case until they can
collectively come to a decision of a
guilty or not guilty verdict.
Vote must be unanimous
STEP 11
Sentencing
The Judge issues length of
sentence to be served by convicted
offender.
*Sometimes as a separate hearing
TRIAL OBJECTIONS
• Leading
• Ambiguous or Unintelligible
• Compound
• Argumentative
• Calls for Narrative Answer
• Calls for Speculation
• Assumes Fact in Dispute or Not in Evidence
• Irrelevant
• Hearsay
• Inadmissible Opinion