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COURTROOM. DUTIES OF DEFENSE ATTORNEY Represents the accused and convicted Must have knowledge of the law Skilled in investigation Experiences in advocacy.

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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:

1 COURTROOM

2 DUTIES OF DEFENSE ATTORNEY Represents the accused and convicted Must have knowledge of the law Skilled in investigation Experiences in advocacy Relationship with prosecutors

3 COUNSEL FOR INDIGENTS  Right guaranteed by the ?  Attorneys are provided by the government  Provided early in the process

4 ASSIGNED COUNSEL  Court appoints a private attorney  Widely used in small cities and rural areas

5 CONTRACT SYSTEM  An attorney, nonprofit organization or private law firm contracts with a local government  Used in a few counties

6 PUBLIC DEFENDER  Used in 43 of the 50 states  Viewed as better than assigned counsel  Trust of client is an issue

7 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

8 PLEAS  INSANITY Test to determine right from wrong is known as: MCNAUGHTEN RULE NORGAARD Guilty but cannot recall facts Common with chemical use

9  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

10 PLEA BARGAIN  NEGOTIATING AN AGREEMENT IN A CRIMINAL TRIAL

11 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.

12 DISCOVERY  NO SURPRISE WITNESSES OR EVIDENCE

13 OMNIBUS HEARING  IF THERE IS PROBABLE CAUSE AND TO DECIDE THE ADMISSIBILITY OF EVIDENCE----4 TH AMENDEMENT

14 TRIALS  Bench Trial—conducted by a judge  Jury Trial—a panel of citizens  Felony case—12 jurors  GM, Misd—5 jurors

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16  PROSECUTION MUST PROVE GUILT BEYOND A REASONABLE DOUBT IN A CRIMINAL TRIAL  PREPONDERANCE OF THE EVIDENCE IN A CIVIL TRIAL

17 Functions of Juries  Prevent government oppression  Determine guilt  Represent diverse community issues  Serve as a buffer  Symbolize the rule of the law

18 Trial Process  Selection of Jury  Opening statements  Presentation of prosecution’s evidence  Presentation of defense’s evidence  Presentation of rebuttal witnesses  Closing arguments

19  Jury instructions  Decision by Jury  Voir Dire Examination—questioning of prospective jurors Challenge for Cause-removal because they have a bias Premptory Challenge-remove without reason

20 JURY STRIKES  PROSECUTOR  DEFENSE

21  BEGIN WITH 20  END WITH A TOTAL OF 13  12 ON JURY AND ONE ALTERNATE

22 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

23 SPREIGEL EVIDENCE  JUDGE MAY PERMIT THE PROSECUTOR TO INTRODUCE EVIDENCE THAT THE DEFENDANT HAS COMMITTED SIMILAR CRIMES  NOT DOUBLE JEOPARDY

24 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?

25 POLICE OFFICER  PROFESSIONAL ATTIRE  SPEAKS TO JUDGE OR JURY  NO JARGON  ALERT DEMEANOR

26 Buck Savage

27 Presentation of Defense’s Evidence  Contrary evidence is introduced  Alibi is offered  Key issue is whether or not the accused will take the stand

28 SELF DEFENSE  Elements:  DUTY TO RETREAT  PRIMARY AGRESSOR  FEAR OF GREAT BODILY HARM

29 JURY INSTRUCTIONS  Reasonable doubt—standard used to determine if prosecution has enough evidence for conviction  Judge interprets the law to the Jury

30 DECISION BY THE JURY  Guilty Jury can be polled  Not guilty  Hung jury

31 VICTIMS  VICTIMS ARE ALLOWED TO GIVE AN IMPACT STATEMENT AT THE SENTENCING  SPEAK ONLY TO JUDGE

32 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

33  A MONITORING DEVICE—ankle bracelet  SUSPENDED SENTENCE—Max sentence given but some not carried out  WORK RELEASE PROGRAM PRISON TERM—Sentencing Guidelines

34 GRAND JURIES  FEDERAL  STATE  FUNCTIONS Investigation Indictment

35 MINNESOTA GRAND JURY  REQUIRE AN INDICTMENT TO BEGIN PROSECUTIONS THAT COULD RESULT IN LIFE IMPRISONMENT  DOES NOT DETERMINE GUILT OR INNOCENCE

36  CONTROVRSIAL CASES TO SEE WHAT THE COMMUNITY FEELS SHOULD HAPPEN  WHEN WITNESS REFUSES TO COOPERATE WITH LE. THE GRAND JURY CAN QUESTION.

37  BASIC TERM FOR FEDERAL GRAND JURY IS 18 MONTHS  HENNEPIN COUNTY IS 4 MONTHS  JURORS IN MN  16 IS A QUORUM IN MN  12 ARE NEEDED TO INDICT IN MN

38  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

39 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

40  The appeal process performs the important function of righting wrongs  Should they be limited?  Are offenders being “let off?”

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