Justice for all?

A beginning reporter’s guide to the courts

Source: Melvin Mencher’s News Reporting and Writing

Types of courts

• Reporters may cover civil or criminal cases.• Civil courts handle lawsuits, such as recovery

for property damages, personal injury and breach of contract.

• Civil courts can also issue orders compelling individuals, organizations and government bodies to refrain from action, i.e. preliminary injunctions.

Criminal Courts

• Most new police and court reporters will quickly be faced with covering the criminal court process.

• This process kicks in after arrest and consists of pre-trial and trial periods.

• The pretrial period has four phases: Arraignment, preliminary hearing, grand jury action and jury selection.

Arraignment

• Arraignment: The defendant is told what he/she is charged with, counseled about having the right to an attorney and offered the opportunity to enter a plea.

• A prosecutor may, at this point, decide to reduce a felony charge to a misdemeanor. If that happens, the case can often be wrapped up right there.

Arraignment/Preliminary Hearing

• If the defendant pleads guilty to a felony, the case is referred to a higher court.

• If the defendant pleads not-guilty to a felony, the case is referred to the appropriate court for a preliminary hearing.

• If the defendant waives his right to a preliminary hearing, the case goes to a grand jury. Felonies are handled by district, superior or circuit courts (name depends on the state).

Preliminary Hearing

• This is where a judge decides if there is reasonable grounds, or probable cause, to send the case to a grand jury.

• The defendant may seek to have the charges reduced through plea bargaining. For lesser charges, the prosecutor will often agree.

• For more serious charges or if the defendant has a prior record of serious crime, the case will likely go to a grand jury.

Grand Jury

• In half the states, criminal defendants are brought to trial via a grand jury. If a grand jury, made up (usually) of 23 citizens, decides there is enough evidence to move forward, it issues an indictment, also called a true bill.

• If not, the grand jury issues a no bill.• A grand jury hears only the state’s (or

prosecution’s) evidence. The prosecutor can move forward with charges even if a no bill is issued.

Alternatives to Grand Jury

• In 20 states the prosecutor files a charge called an information A judge hears witness testimony at a preliminary hearing and then decides if there is cause for a trial.

• In a few states, a prosecutor files affidavits to support the charge. A judge then decides whether to move forward with a trial.

• Which system does Texas have?

Rearraignment, Plea bargain,

• At rearraignment, the proceeding that comes after indictment. A judge empowered to hear felony cases presides. If the defendant pleads not guilty, trial date and bail are set.

• Defendants may continue to plea bargain. In NYC, three-fourths of all murder arrests are plea bargained. In many cities, nine out of 10 criminal cases result in a plea bargain. Why?

Pre-trial motions

• Motion to quash the indictment: Challenges the legality of the indictment.

• Motion for a bill of particulars: Asks for more detail about the charges.

• Motion to suppress evidence: May argue that it was obtained illegally or improperly.

• Motion for change of venue: Argues that the defendant cannot receive a fair trial in the city or judicial area where the crime took place.

The Jury

• Trials rise and fall on jury selection.• Citizens service on juries. The names of

potential jurors are chosen randomly from a jury list. The names come from tax rolls, driver’s license files, voting lists, etc.

• Twelve jurors and some alternates are chosen by defense attorneys and prosecutors. Each side gets to challenge the selection of jurors.

Selecting Jurors

• Two types of challenges: Peremptory, meaning no reason needs to be given for the challenge; for cause, when a specific reason is given. Can you think of a reason an attorney might want to challenge the choice of a particular juror for cause?

• Each side is usually limited to 10 peremptory challenges. The judge decides the numbers of challenges for cause.

The Trial

• Opening Statements: Each side presents its case.

• Direct Examination: The prosecution presents its case via witness testimony and evidence. If a judge decides the state has failed to make its case, she can dismiss it right there.

• Cross Examination by Defense: Is….?• Redirect Examination: Prosecutor gets another

turn.

Motions, Rebuttal

• The defense may make a motion asking for a “direct acquittal.”

• Cross Examination by Prosecutor: The prosecutor may cross examine the defense witnesses.

• Redirect Examination by Defense: The defense can come back and ask more questions if it thinks the state has managed to weaken the defense case.

Rebuttals

• Both sides get rebuttals. Witnesses may be recalled to the stand. New rebuttal witnesses may be called, but not without the judge’s permission.

• Summations: These are the closing arguments offered by both sides.

• Charge to Jury: The judge issues instructions to the jury. The jury must follow the law.

Verdict and Sentence

• Criminal trial: The jury’s verdict must be unanimous. If a jury cannot come to a unanimous decision, the judge declares a mistrial.

• The sentence may be pronounced immediately or later if the judge asks for a sentencing report (i.e. more information).

• The verdict story must include: Specific charges of conviction, length of possible sentence, time the jury deliberated, a summary of the trial.