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Traffic Court Judicial Powers and Jury Trials Introduction

Learn about the role of Municipal Court in handling traffic offenses, defendant's options, the right to a jury trial, forming juries, the charge, punishment range, deliberations, judgment, and more.

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Traffic Court Judicial Powers and Jury Trials Introduction

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Presentation Transcript

  1. Name Municipal Court (Judge/Administrator/Clerk) City of Blank jury trials and Traffic Safety

  2. Introduction • Municipal Judge • Appointed or Elected Public Officer • Judicial Powers or Abilities • To hear facts • To decide • To render judgment • To execute the judgment

  3. Jurisdiction • Criminal misdemeanors punishable by fine only • No confinement • Criminal municipal ordinance cases • What types of offenses or crimes can you think of that would fall under these categories?

  4. Traffic Offenses • 7.85 million new cases filed in municipal court eachyear • 6.5 million of those cases were traffic cases • About 83% of municipal court cases are traffic cases • Why is it important to enforce our traffic laws?

  5. Defendant’s Options • Pay it • Driving Safety Course • Deferred Disposition • Plea Not Guilty—Go to Trial • Bench Trial • Jury Trial

  6. The Right to a Jury Trial • Everyone has a right to a trial by an impartial jury • U.S. Constitution • 6th Amendment • Texas Constitution • Article I, Section 10 • Code of Criminal Procedure • Articles 1.05 and 1.12

  7. Impartial • Favoring neither; disinterested; treating all alike; unbiased; equitable, fair, and just

  8. Form Your Juries • Divide into groups of 6, as nearly as possible

  9. The Charge • The Defendant, stands charged by Complaint with the offense of "Speeding,” to which charge the Defendant has pleaded "Not Guilty." • A person commits an offense if that person operates a motor vehicle on a public street or highway at a speed in excess of the posted speed limit.

  10. The Facts • The police officer pulled over the defendant for speeding saying that the speed detection device showed defendant to be traveling 51 mph in a 40 mph speed zone. • Defendant was issued a citation, and later entered a plea of not guilty. • More specific evidence and information is available in your jury packet.

  11. The Punishment Range • A person guilty of this offense shall be punished by a fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00).

  12. Deliberations • Read your jury charges • You are the exclusive decision-makers • The burden of proof is on the State • Defendant is not required to prove innocence or produce any evidence at all • You are not to talk about this case with any person not of your jury • Take 10 minutes or so and come up with a conclusion • Guilty or not guilty • If guilty, what is the fine?

  13. Judgment and Sentence • Was the defendant guilty? • If so, what fine did you assess? • Bring back your judgment form to me

  14. Group #1

  15. Group #2

  16. Group #3

  17. Group #4

  18. Group #5

  19. Discussion • Why did you decide as you did? • Why do you think there were different results? • Would you have come to a different decision without a picture? • Do you see the importance of a judge and jury and the difficulty of their job?

  20. Thank You for Your Time! • Contact information • Name • Court Address • Email address

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