1. Court Systems and Practices

2. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

3.  Necessity to prove the facts that are in dispute during a trial 3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

4. Two Aspects:  Determine which party must prove the allegations made  Determine how much proof is needed 4 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

5. Civil Cases: Complainant (Plaintiff) has the burden of proof  Must prove to the judge or jury by a preponderance of the evidence 5 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

6. Civil Cases: Preponderance of the evidence means  The plaintiff’s evidence is slightly more convincing than the defendant’s evidence  More likely than not  0% 50%| | 100% 6 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

7. Criminal Cases: The complainant (prosecutor) has the burden of proof  Must prove to the judge or jury beyond a reasonable doubt 7 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

8. Criminal Cases: Beyond a reasonable doubt means  The prosecutor must convince the judge or jury that the defendant committed the crime  95%+ sure of the defendant’s guilt  0% 50%| | 100% Preponderance Beyond Reasonable Doubt 8 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

9. Criminal Cases: The defendant has the burden of proof when claiming criminal defense ◦ Insanity ◦ Self-Defense ◦ Duress ◦ Entrapment ◦ Necessity ◦ Accident 9 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

10. Circumstantial Evidence:  The most common form of evidence  Indirect evidence  The jury and judge must draw conclusions based on inferences 10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

11. Direct Evidence:  Directly proves a fact! 11 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

12. Types of Evidence:  Real  Demonstrative  Documentary  Testimony 12 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

13.  Evidence must be relevant to the case at hand.  Evidence must fall within the Rules of Evidence: ◦ Assists in ascertaining the truth ◦ Encourages fairness ◦ Avoids judicial delay 13 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

14.  Can include ◦ Stipulations ◦ Judicial Notice 14 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

15.  Suppressed Evidence: ◦ Evidence kept out of trial due to a legality  Ex: evidence obtained through an illegal search and seizure 15 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

16.  Offered into evidence: ◦ Evidence presented by a party in a court case ◦ To be admitted, it must fall under the proper rule of evidence 16 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

17.  Admitted into evidence: ◦ “Comes in” ◦ Made a part of the case record ◦ Can be considered by the judge or jury in rendering a decision ◦ If challenged by an opposing party, it could be “kept out”  Challenged through objections, such as  Relevance  Hearsay  Lack of personal knowledge  No proper predicate 17 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

18.  0131189794, Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe, Prentice Hall, 2007  0495599336 Criminal Procedure: Law and Practice (8 th Edition), Rolando V. del Carmen, Wadsworth Publishing, 2009 18 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.