AGENDA for 04/23/2019

1. AGENDA for 04/23/2019 Briefly discuss Mid Term results Median % for class was 81.6% Lecture on Courts, who are those involved in the courts

2. Courtroom Work Groupand the Criminal Trial Who are all the people that are involved in a courtroom Chapter 8

3. Courtroom

4. Introduction The American criminal justice system is theater to the world Jodi Arias, convicted in 2013. Murder of her boyfriend Arias appeared as a petite woman during her trial and dressed like a school girl while on the stand. https://www.youtube.com/watch?v=8YBpsvwjMKs Short clip on some of her testimony. Prosecutor Juan Martinez

5. Jodi AriasDefense Attorney’s Deceptions https://www.biography.com/crime-figure/jodi-arias

6. Defense Deceptions

7. Trial Judge Expert Witness Participants in a criminal trial can be divided into two categories: Professional and outsiders Bailiff Court Reporter Jurors Lay Witness Clerk of the court Prosecutor Victim Defense Attorney Defendant Spectators and Press

8. JUDGE An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes decide cases and to conduct trials They also make sure the law is followed

9. The Judge The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. • The first is simply to preside over the proceedings and see that order is maintained. • The second is to determine whether any of the evidence that the parties want to use is illegal or improper. • Third, before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case. • Fourth, in bench trials, the judge must also determine the facts and decide the case. • The fifth is to sentence convicted criminal defendants. Ultimate authority, powerful Almost God like in their courtroom

10. JUDGE cont’d The Judge hold ultimate authority, ruling on matters of law, weighting objections from both sides and deciding on the admissibility of evidence and disciplining anyone who challenges the order in the court Elected or appointed Qualifications, hold a law degree, be a licensed attorney and be a member of their state bar association https://www.youtube.com/watch?v=rmvMzFGFAww

11. COURTS CONT’D http://www.flnd.uscourts.gov/role-judge-and-other-courtroom-participants

12. District Attorney Elected official Head of the Prosecutor’s Office Riverside County DA Mike Hestrin

13. District Attorney cont’d Los Angeles County DA Jackie Lacey  Lacey is the first woman, and first African-American, to serve as LA District Attorney since the office was created in 1850.

14. Prosecuting Attorney Their Title is Deputy District Attorney

15. Prosecuting Attorney An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses Direct testimony

16. Difference between Direct and Cross Testimony The primary difference between direct examination and cross-examination is that attorneys are parties are generally prohibited from using leading questions on direct examination, but they are permitted and even encouraged to use leading questions during cross-examination. a leading question or suggestive interrogation is a question that suggests the particular answer or contains the information the examiner is looking to have confirmed.

17. Prosecutorial Discretion “The prosecutor has more control over life, liberty, and reputation than any other person in America.” The decision-making power Prosecutor may decide to accept a plea bargain, divert the suspect to a public or private social service agency, ask the suspect to seek counseling, or dismiss the case entirely for lack of evidence or for a variety of other reasons

18. Exculpatory Evidence Any information having a tendency to clear a person of guilt or blame. Exculpatory evidence comes in a number of different forms.  It may be testimony from a witness who states that she saw someone other than the defendant commit the crime or that the defendant was with the witness when the crime occurred.  It may be real evidence or an object from the crime scene, such as fingerprints lifted from a weapon that don’t match the defendant’s fingerprints.  It may be security video footage that shows whoever committed the crime doesn’t match the description of the defendant. 

19. DEFENSE COUNSEL • Defense Counsel • Private Attorney $$$$ • Court-Appointed Counsel • Assigned Counsel • Public Defenders Cross examination testimony

20. The Defense Counsel Defense Counsel A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law

21. Public Defenders An attorney employed by a government agency or sub agency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who as volunteered such service

22. BAILIFF The court officer whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury. Also, to secure the defendants

23. 6th Amendment of the United States The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, theright to a lawyer,the right to an impartial jury, and the right to know who your accuser are and the nature of the charges and evidence against you.  Miranda Rights: You have the right to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire

24. The Court Reporter • The court reporter sits near the witness stand and usually types the official record of the trial (everything that is said or introduced into evidence) on a stenographic machine. Federal law requires that a word-for-word record be made of every trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript to review. However, transcripts will not be available to jurors because there is not enough time to create a transcription.

25. Court Reporter 2012 average salaries for some of the major cities in California are listed below: Los Angeles – $74,030 https://www.courtreporteredu.org/ Riverside – $83,590 Sacramento – $69,520 San Diego – $83,100 San Francisco – $75,500

26. Clerk of the Court The clerk maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial. The clerk prepares a jury pool, issues jury summonses and subpoenas witnesses. During the trial, they mark the evidence and maintain custody of that evidence.

27. Agenda for 4/25/19 Extra credit assignment, Probable Cause Questions regarding upcoming assignment? Finish up with Court Lecture

28. Expert Witnesses A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. https://www.youtube.com/watch?v=Ei-EeDQyDS0

29. LAY WITNESSES • https://www.youtube.com/watch?v=5gr3jopJmVg • Grits • https://www.youtube.com/watch?v=_T24lHnB7N8 • Deer • https://www.youtube.com/watch?v=2JSNr9NxOdA Non Expert, EYE WITNESS

30. Subpoena

31. Subpoena there are two types • Witness/Victim Subpoena and • Subpoena, DucesTecum ( subpoena for production of evidence) commonly known as an SDT A judicial process commanding a person to  appear in court and bring with him or her some piece of evidence or other thing to be produced to the court.

33. Victim’ Assistance Program Various Services Accompany victims and witnesses to court Assist in reimbursement forms Pay for court parking Temporary housing in the event of a threat Transportation to and from court Food 1982 Congress passed Victim Witness Protection Act.

34. Jury

35. Jurors Selected from a Citizen Pool A member of a trial or grand jury who has been selected for duty and is required to serve

36. JURY Questioner

37. Voir Dire Legal Definition of voir dire There are two purposes for Voir Dire • : a formal examination especially to determine qualification (as of a proposed witness) the judge admitted the witness's expert testimony after a voir dire by the attorney • ; especially : the act or process of questioning prospective jurors to determine which are qualified (as by freedom from bias) and suited for service on a jury https://www.youtube.com/watch?v=3nGQLQF1b6I Determine expertise Voir Dire Expert Witnesses

38. What is a voir dire question? • In common practice, "voir dire" describes the process of questioning potential jurors, by judge or litigator, in advance of a jury trial to uncover conflicts, biases or other reasons to dismiss the potential juror. The stated goal of voir dire is to impanel an impartial jury.

39. Voir Dire example Questions http://www.a2lc.com/blog/bid/66094/5-questions-to-ask-in-voir-dire-always

40. The Victim

41. The Victim He or she is often one of the most forgotten people in the courtroom. Hardships • Uncertainty as to their role in CJS • Lack of knowledge in court proceedings • Trial delays, missed work etc. • Fear of defendant or retaliation from defendants associates • Trauma of testifying and of cross examination

42. Defendant

43. Being locked up Plea bargaining

44. Spectators

45. Media

46. WTH??

47. Change of Venue The transfer of a case from a court in one location to a court in another, or from one court to another in the same judicial district, for reasons of fairness or for the convenience of the parties or the witnesses

48. The Criminal Trial (of a trial or legal procedure) in which the parties in a dispute have the responsibility for finding and presenting evidence. Our system of justice are built around an adversarial system (Prosecution v. Defense) • Trial Initiation • Jury Selection • Opening Statements • Presentation of Evidence • Closing Arguments • Judge’s charge to the jury • Jury Deliberations • Verdict

49. Trial Initiation Speedy Trial Requirements Jury Selection Challenges Opening Statements Prosecution Defense Trial Initiation Speedy Trial Requirements Verdict Jury Deliberations Judge’s Charge to the Jury Closing Arguments

50. Evidence • Anything useful to a judge or jury Witness testimony, written documents, videotapes, physical objects, etc. Physical Evidence Circumstantial Evidence