Unit Six SeminarUnit Six SeminarThe Courts: Structure and The Courts: Structure and Participants Participants

Chapter Nine ReadingChapter Nine Reading

Pretrial Activities and the Pretrial Activities and the Criminal TrialCriminal Trial

Chapter Ten ReadingChapter Ten Reading

In the United States, there are In the United States, there are two judicial systems. Can you two judicial systems. Can you name them?name them?

The two are State/Local courts as The two are State/Local courts as well as the Federal court system.well as the Federal court system.

State courts have virtually unlimited State courts have virtually unlimited power to decide nearly every type of power to decide nearly every type of case, subject only to the limitations of case, subject only to the limitations of the U.S. Constitution, their own state the U.S. Constitution, their own state constitutions, and state law. State constitutions, and state law. State and local courts, located in almost and local courts, located in almost every town and county across the every town and county across the nation, are the courts with which nation, are the courts with which citizens usually have contact. citizens usually have contact.

These courts handle most criminal These courts handle most criminal matters and the great bulk of legal matters and the great bulk of legal business concerning wills and business concerning wills and inheritance, estates, marital inheritance, estates, marital disputes, real estate and land disputes, real estate and land dealings, commercial and personal dealings, commercial and personal contracts, and other day-to-day contracts, and other day-to-day matters. (taken from Unit 6 matters. (taken from Unit 6 Summary)Summary)

Okay, then there are limits on the Okay, then there are limits on the federal courts?federal courts?

Federal courts, located principally in Federal courts, located principally in larger cities, decide only those cases larger cities, decide only those cases over which the Constitution gives over which the Constitution gives them authority. The highest federal them authority. The highest federal court, the U.S. Supreme Court, is court, the U.S. Supreme Court, is located in Washington, D.C., and located in Washington, D.C., and hears cases only on appeal from hears cases only on appeal from lower courts. (taken from Unit 6 lower courts. (taken from Unit 6 Summary)Summary)

An easy way to remember it is any An easy way to remember it is any traffic or state offense will be local. traffic or state offense will be local. Federal court means you are in Federal court means you are in much more trouble. (Typically)much more trouble. (Typically)

Stay out of both of them though. Stay out of both of them though. HA!!HA!!

Can you name some of the Can you name some of the `professional” courtroom actors?`professional” courtroom actors?

Professional category: The judge, Professional category: The judge, the prosecuting attorney, the the prosecuting attorney, the defense counsel, the bailiff, local defense counsel, the bailiff, local court administrators, the court court administrators, the court reporter, the clerk of court, and reporter, the clerk of court, and expert witnesses (paid).expert witnesses (paid).

Good, now non-pro please.Good, now non-pro please.

Nonprofessionals include lay Nonprofessionals include lay witnesses, jurors, the victim, the witnesses, jurors, the victim, the defendant, and spectators (non-defendant, and spectators (non-paid).paid).

We learned this week that plea We learned this week that plea bargaining is used in about 90% bargaining is used in about 90% of all cases. Is this an effective of all cases. Is this an effective way of achieving justice when way of achieving justice when disposing of cases? Why or why disposing of cases? Why or why not?not?

Would an innocent person ever Would an innocent person ever plead guilty to a crime just plead guilty to a crime just because of an attractive plea because of an attractive plea bargaining offer?bargaining offer?

Please define a subpoena.Please define a subpoena.

It is a written order issued by a It is a written order issued by a judicial officer or grand jury requiring judicial officer or grand jury requiring an individual to appear in court and an individual to appear in court and to give testimony or to bring material to give testimony or to bring material to be used as evidence. But it’s just to be used as evidence. But it’s just not for people, we receive subpoenas not for people, we receive subpoenas for a number of written, audio and for a number of written, audio and video related items.video related items.

Court is a BIG part of Police work. Court is a BIG part of Police work. I have 3 court calls a month. My I have 3 court calls a month. My traffic call, my State Misdemeanor traffic call, my State Misdemeanor call and my Felony call.call and my Felony call.

What is “hearsay”?What is “hearsay”?

Something that is not based on Something that is not based on the personal knowledge of a the personal knowledge of a witness. Witnesses who testify witness. Witnesses who testify about something they have heard about something they have heard are offering hearsay by repeating are offering hearsay by repeating information about a matter of information about a matter of which they have no direct which they have no direct knowledge. knowledge.

The long standing precedent is The long standing precedent is that hearsay testimony cannot be that hearsay testimony cannot be used in American courtrooms. You used in American courtrooms. You must use the original source of must use the original source of the information, unless they are the information, unless they are dead.dead.

What is a dispute-resolution What is a dispute-resolution center?center?

An informal hearing place designed to An informal hearing place designed to mediate interpersonal disputes mediate interpersonal disputes without resorting to the formal without resorting to the formal arrangements of a criminal trial court.arrangements of a criminal trial court.

Instead of a judge a mediator or Instead of a judge a mediator or arbitrator usually oversees the arbitrator usually oversees the proceedings.proceedings.

What is the “CSI Effect” and what What is the “CSI Effect” and what impact has it had on juries?impact has it had on juries?

Basically, it has raised jurors’ Basically, it has raised jurors’ expectations on what prosecutors expectations on what prosecutors should produce at trial.should produce at trial.

OK, let’s try something a bit OK, let’s try something a bit different right now. different right now.

I am going to give you an actual I am going to give you an actual case and I want you to either case and I want you to either seek a conviction or put up a seek a conviction or put up a reasonable defense.reasonable defense.

The following students will act as The following students will act as the prosecution………. the prosecution……….

The rest of the class will be the The rest of the class will be the defense attorneysdefense attorneys

We will analyze a case in which We will analyze a case in which an 18 year old was in possession an 18 year old was in possession of a gun.of a gun.

  

The complainants called the police to The complainants called the police to report that the individual was pointing report that the individual was pointing the weapon at cars as they were the weapon at cars as they were passing by on a public street. When passing by on a public street. When the police arrived, the individual the police arrived, the individual refused to comply with an order to refused to comply with an order to drop the weapon. The individual then drop the weapon. The individual then pointed the weapon at another pointed the weapon at another passing motorist. passing motorist.

As a result, the individual was shot As a result, the individual was shot several times by the police resulting several times by the police resulting in serious injury. It was later in serious injury. It was later determined that the gun was actually determined that the gun was actually an air soft gun, but appeared to be an air soft gun, but appeared to be real. The passing motorists were the real. The passing motorists were the individual’s friends and they were individual’s friends and they were playing a game.playing a game.

The prosecution must argue that The prosecution must argue that all of the individuals involved are all of the individuals involved are guilty of reckless conduct, guilty of reckless conduct, disorderly conduct, etc. beyond a disorderly conduct, etc. beyond a reasonable doubt. The defense reasonable doubt. The defense must raise doubt in order to gain must raise doubt in order to gain an acquittal.an acquittal.

Remember you are debating with Remember you are debating with each other, not me (of course be each other, not me (of course be respectful).respectful).

Hint: Attempt to focus on an Hint: Attempt to focus on an average person’s reasonableness.average person’s reasonableness.

What did we think of the What did we think of the exercise?exercise?

More importantly, what did you More importantly, what did you learn?learn?

For the record, the defense had a For the record, the defense had a much more difficult job with this much more difficult job with this case.case.

The offenders were all convicted The offenders were all convicted in a plea agreement.in a plea agreement.

A plea deal is a good thing in this A plea deal is a good thing in this casecase

That is all I have for you tonight.That is all I have for you tonight.

Thank You for your time.Thank You for your time.

Any questions???Any questions???

Class dismissedClass dismissed