1. Unit Six Seminar The Courts: Structure and Participants Chapter Nine Reading Pretrial Activities and the Criminal Trial Chapter Ten Reading

2. In the United States, there are two judicial systems. Can you name them? In the United States, there are two judicial systems. Can you name them?

3. The two are State/Local courts as well as the Federal court system. The two are State/Local courts as well as the Federal court system.

4. State courts have virtually unlimited power to decide nearly every type of case, subject only to the limitations of the U.S. Constitution, their own state constitutions, and state law. State and local courts, located in almost every town and county across the nation, are the courts with which citizens usually have contact. State courts have virtually unlimited power to decide nearly every type of case, subject only to the limitations of the U.S. Constitution, their own state constitutions, and state law. State and local courts, located in almost every town and county across the nation, are the courts with which citizens usually have contact.

5. These courts handle most criminal matters and the great bulk of legal business concerning wills and inheritance, estates, marital disputes, real estate and land dealings, commercial and personal contracts, and other day-to-day matters. (taken from Unit 6 Summary) These courts handle most criminal matters and the great bulk of legal business concerning wills and inheritance, estates, marital disputes, real estate and land dealings, commercial and personal contracts, and other day-to-day matters. (taken from Unit 6 Summary)

6. Okay, then there are limits on the federal courts? Okay, then there are limits on the federal courts?

7. Federal courts, located principally in larger cities, decide only those cases over which the Constitution gives them authority. The highest federal court, the U.S. Supreme Court, is located in Washington, D.C., and hears cases only on appeal from lower courts. (taken from Unit 6 Summary) Federal courts, located principally in larger cities, decide only those cases over which the Constitution gives them authority. The highest federal court, the U.S. Supreme Court, is located in Washington, D.C., and hears cases only on appeal from lower courts. (taken from Unit 6 Summary)

8. An easy way to remember it is any traffic or state offense will be local. Federal court means you are in much more trouble. (Typically) An easy way to remember it is any traffic or state offense will be local. Federal court means you are in much more trouble. (Typically) Stay out of both of them though. HA!! Stay out of both of them though. HA!!

9. Can you name some of the `professional” courtroom actors? Can you name some of the `professional” courtroom actors?

10. Professional category: The judge, the prosecuting attorney, the defense counsel, the bailiff, local court administrators, the court reporter, the clerk of court, and expert witnesses (paid). Professional category: The judge, the prosecuting attorney, the defense counsel, the bailiff, local court administrators, the court reporter, the clerk of court, and expert witnesses (paid).

11. Good, now non-pro please. Good, now non-pro please.

12. Nonprofessionals include lay witnesses, jurors, the victim, the defendant, and spectators (non-paid). Nonprofessionals include lay witnesses, jurors, the victim, the defendant, and spectators (non-paid).

13. We learned this week that plea bargaining is used in about 90% of all cases. Is this an effective way of achieving justice when disposing of cases? Why or why not? We learned this week that plea bargaining is used in about 90% of all cases. Is this an effective way of achieving justice when disposing of cases? Why or why not?

14. Would an innocent person ever plead guilty to a crime just because of an attractive plea bargaining offer? Would an innocent person ever plead guilty to a crime just because of an attractive plea bargaining offer?

15. Please define a subpoena. Please define a subpoena.

16. It is a written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. But it’s just not for people, we receive subpoenas for a number of written, audio and video related items. It is a written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. But it’s just not for people, we receive subpoenas for a number of written, audio and video related items.

17. Court is a BIG part of Police work. I have 3 court calls a month. My traffic call, my State Misdemeanor call and my Felony call. Court is a BIG part of Police work. I have 3 court calls a month. My traffic call, my State Misdemeanor call and my Felony call.

18. What is “hearsay”? What is “hearsay”?

19. Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard are offering hearsay by repeating information about a matter of which they have no direct knowledge. Something that is not based on the personal knowledge of a witness. Witnesses who testify about something they have heard are offering hearsay by repeating information about a matter of which they have no direct knowledge.

20. The long standing precedent is that hearsay testimony cannot be used in American courtrooms. You must use the original source of the information, unless they are dead. The long standing precedent is that hearsay testimony cannot be used in American courtrooms. You must use the original source of the information, unless they are dead.

21. What is a dispute-resolution center? What is a dispute-resolution center?

22. An informal hearing place designed to mediate interpersonal disputes without resorting to the formal arrangements of a criminal trial court. An informal hearing place designed to mediate interpersonal disputes without resorting to the formal arrangements of a criminal trial court. Instead of a judge a mediator or arbitrator usually oversees the proceedings. Instead of a judge a mediator or arbitrator usually oversees the proceedings.

23. What is the “CSI Effect” and what impact has it had on juries? What is the “CSI Effect” and what impact has it had on juries?

24. Basically, it has raised jurors’ expectations on what prosecutors should produce at trial. Basically, it has raised jurors’ expectations on what prosecutors should produce at trial.

25. OK, let’s try something a bit different right now. OK, let’s try something a bit different right now.

26. I am going to give you an actual case and I want you to either seek a conviction or put up a reasonable defense. I am going to give you an actual case and I want you to either seek a conviction or put up a reasonable defense.

27. The following students will act as the prosecution………. The following students will act as the prosecution………. The rest of the class will be the defense attorneys The rest of the class will be the defense attorneys

28. We will analyze a case in which an 18 year old was in possession of a gun. We will analyze a case in which an 18 year old was in possession of a gun.

29. The complainants called the police to report that the individual was pointing the weapon at cars as they were passing by on a public street. When the police arrived, the individual refused to comply with an order to drop the weapon. The individual then pointed the weapon at another passing motorist. The complainants called the police to report that the individual was pointing the weapon at cars as they were passing by on a public street. When the police arrived, the individual refused to comply with an order to drop the weapon. The individual then pointed the weapon at another passing motorist.

30. As a result, the individual was shot several times by the police resulting in serious injury. It was later determined that the gun was actually an air soft gun, but appeared to be real. The passing motorists were the individual’s friends and they were playing a game. As a result, the individual was shot several times by the police resulting in serious injury. It was later determined that the gun was actually an air soft gun, but appeared to be real. The passing motorists were the individual’s friends and they were playing a game.

31. The prosecution must argue that all of the individuals involved are guilty of reckless conduct, disorderly conduct, etc. beyond a reasonable doubt. The defense must raise doubt in order to gain an acquittal. The prosecution must argue that all of the individuals involved are guilty of reckless conduct, disorderly conduct, etc. beyond a reasonable doubt. The defense must raise doubt in order to gain an acquittal.

32. Remember you are debating with each other, not me (of course be respectful). Remember you are debating with each other, not me (of course be respectful). Hint: Attempt to focus on an average person’s reasonableness. Hint: Attempt to focus on an average person’s reasonableness.

33. What did we think of the exercise? What did we think of the exercise? More importantly, what did you learn? More importantly, what did you learn?

34. For the record, the defense had a much more difficult job with this case. For the record, the defense had a much more difficult job with this case. The offenders were all convicted in a plea agreement. The offenders were all convicted in a plea agreement.

35. A plea deal is a good thing in this case A plea deal is a good thing in this case

36. That is all I have for you tonight. That is all I have for you tonight. Thank You for your time. Thank You for your time.

37. Any questions??? Any questions???

38. Class dismissed Class dismissed