Presentation on theme: "COURTROOM. DUTIES OF DEFENSE ATTORNEY Represents the accused and convicted Must have knowledge of the law Skilled in investigation Experiences in advocacy."— Presentation transcript:
DUTIES OF DEFENSE ATTORNEY Represents the accused and convicted Must have knowledge of the law Skilled in investigation Experiences in advocacy Relationship with prosecutors
COUNSEL FOR INDIGENTS Right guaranteed by the ? Attorneys are provided by the government Provided early in the process
ASSIGNED COUNSEL Court appoints a private attorney Widely used in small cities and rural areas
CONTRACT SYSTEM An attorney, nonprofit organization or private law firm contracts with a local government Used in a few counties
PUBLIC DEFENDER Used in 43 of the 50 states Viewed as better than assigned counsel Trust of client is an issue
PROCEDURE IN COURT REMEMBER 48 HOUR RULE 36 HOUR RULE Motion: requests that an order be issued to bring about a specific action Bail—sum of money specified by the judge that is presents as a condition of release
PLEAS INSANITY Test to determine right from wrong is known as: MCNAUGHTEN RULE NORGAARD Guilty but cannot recall facts Common with chemical use
ALFORD—realizes that the State of MN has a strong factual basis. Pleads not guilty but accepts punishment NOLO CONTENDRE—Evidence from the criminal case cannot be used in a civil trial—NOT USED IN MN
PLEA BARGAIN NEGOTIATING AN AGREEMENT IN A CRIMINAL TRIAL
CHANGE OF VENUE IF THERE HAS BEEN A LOT OF PRETRIAL PUBLICITY THE DEFENSE MAY FILE A MOTION FOR A CHNGE OF VENUE PRIOR TO THE TRIAL BEGINNING.
BEGIN WITH 20 END WITH A TOTAL OF 13 12 ON JURY AND ONE ALTERNATE
EVIDENCE Real Evidence---physical Demonstrative—information relevant to the crime Testimony—oral evidence Direct Evidence—eyewitness accounts Circumstantial Evidence—require the jury to infer a fact
SPREIGEL EVIDENCE JUDGE MAY PERMIT THE PROSECUTOR TO INTRODUCE EVIDENCE THAT THE DEFENDANT HAS COMMITTED SIMILAR CRIMES NOT DOUBLE JEOPARDY
SUBPOENA A LEGAL DOCUMENT ORDERING A PERSON TO TESTIFY IN A COURT OF LAW AS A WITNESS POLICE OFFICER WOULD USE WHAT TO REFRESH MEMORY?
POLICE OFFICER PROFESSIONAL ATTIRE SPEAKS TO JUDGE OR JURY NO JARGON ALERT DEMEANOR
Presentation of Defense’s Evidence Contrary evidence is introduced Alibi is offered Key issue is whether or not the accused will take the stand
SELF DEFENSE Elements: DUTY TO RETREAT PRIMARY AGRESSOR FEAR OF GREAT BODILY HARM
JURY INSTRUCTIONS Reasonable doubt—standard used to determine if prosecution has enough evidence for conviction Judge interprets the law to the Jury
DECISION BY THE JURY Guilty Jury can be polled Not guilty Hung jury
VICTIMS VICTIMS ARE ALLOWED TO GIVE AN IMPACT STATEMENT AT THE SENTENCING SPEAK ONLY TO JUDGE
CONSEQUENCES STAY OF EXECUTION—get probation but prison sentence is held over head STAY OF IMPOSITION—probation instead of prison, when probation is completed the felony becomes a misd on criminal record
A MONITORING DEVICE—ankle bracelet SUSPENDED SENTENCE—Max sentence given but some not carried out WORK RELEASE PROGRAM PRISON TERM—Sentencing Guidelines
GRAND JURIES FEDERAL STATE FUNCTIONS Investigation Indictment
MINNESOTA GRAND JURY REQUIRE AN INDICTMENT TO BEGIN PROSECUTIONS THAT COULD RESULT IN LIFE IMPRISONMENT DOES NOT DETERMINE GUILT OR INNOCENCE
CONTROVRSIAL CASES TO SEE WHAT THE COMMUNITY FEELS SHOULD HAPPEN WHEN WITNESS REFUSES TO COOPERATE WITH LE. THE GRAND JURY CAN QUESTION.
BASIC TERM FOR FEDERAL GRAND JURY IS 18 MONTHS HENNEPIN COUNTY IS 4 MONTHS 16-23 JURORS IN MN 16 IS A QUORUM IN MN 12 ARE NEEDED TO INDICT IN MN
PROCEEDINGS ARE MORE INFORMAL NO DEFENSE PRESENT NO JUDGE PROCEEDINGS ARE RECORDED JURORS ARE CHOSEN FROM VOTER REGISTRATIONS AND DRIVERS LICENSE RECORDS—18 YRS OLD
APPEALS A request to a higher court that it review actions taken in a completed trial Based on questions of procedure Conviction may be upheld or set aside Most appeals are unsuccessful Habeas Corpus—a writ requesting that a judge examine whether an individual is being properly detained
The appeal process performs the important function of righting wrongs Should they be limited? Are offenders being “let off?”
Your consent to our cookies if you continue to use this website.