1. Pretrial and Courtroom Procedures
Principles of LPSCS

2. Copyright and Terms of Service
Copyright © Texas Education Agency, 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.

3. Functions of the Court
First and foremost, the court is responsible for providing protection for the public
Its secondary role is to maintain the confidence of the public

4. Constitutional Rights: 5th Amendment
Protects against double jeopardy and self-incrimination, protects the right to grand jury, and requires due process
Right to Grand Jury
A panel of 12 citizens who will hear evidence from the case and will determine if enough probable cause (a crime has occurred and the suspect is linked to it) exists to take the case to trial
If enough probable cause does not exist, the case will be “no billed,” which means it will not go any further

5. Constitutional Rights: 5th Amendment (continued)
Double Jeopardy
A person cannot be tried for the same crime twice, except under special circumstances
Example: During the OJ Simpson murder trial, OJ was found not guilty of the two murder charges. Later he wrote a book called “If I Did It” which clearly implicates him in the crime. Even if he came out and said, “I did it,” prosecutors cannot charge him with that crime again

6. Constitutional Rights: 5th Amendment (continued)
Self-Incrimination
This means that you do not have to testify at your trial, especially if your testimony would be damaging to your case
The fact that you did not testify cannot be held against you when reaching a verdict
You also cannot be forced to testify against a spouse
Due Process – the system must be followed. You cannot be convicted if you never went to court to face charges; there is a sequence of events that must occur. This is to ensure that everyone is treated fairly

7. Constitutional Rights: 6th Amendment
Speedy and public trial
Impartial jury
Informed of the nature and the cause of the accusation
Confrontation of witnesses
Compulsory process of the witness
The right to secure your own witnesses
If the prosecution presents a forensic expert to testify regarding the autopsy, you are allowed to bring in your own expert for the same purpose
Right to an attorney – an attorney will be appointed to represent you if you cannot afford one; you get whoever they give you

8. Constitutional Rights: 8th Amendment
Bail
A financial deposit to ensure you will appear for your court date
Paid to a bail bondsman, generally 20 percent to process the release
Can be paid in money, titles, property or anything else agreed upon by the bondsman
If the accused fails to appear for court
The bondsman is out the full bail amount
The bondsman will then send a bounty hunter to find and take the accused before the court so that he can get some of his money back
Excessive fines
Cruel and unusual punishment

9. Phases of a Trial Pretrial phase
The judge determines if the defendant will be allowed bail or pretrial release
Pretrial release is the threat to society versus the rights of the accused
The preliminary hearing or grand jury convenes to determine if probable cause exists in order to go to trial
An Information or an Indictment is issued
The defendant enters a plea

10. Phases of a Trial (continued)
Trial phase
The jury is selected
The evidence is presented by both the prosecution and the defense
A verdict is reached

11. Phases of a Trial (continued)
Sentencing phase
The judge or the jury determines what sentence is appropriate based on the sentencing guidelines
The judge has some discretion in sentencing
The jury is given a sentence range to decide the actual sentence of the defendant

12. Pretrial Proceedings Preliminary Hearing
Open proceedings used to establish probable cause
The information presented can be challenged
If probable cause exists then an Information is issued
Information – the formal document charging an individual with a crime

13. Pretrial Proceedings (continued)
Grand Jury
Closed proceedings used to establish probable cause
Proceedings are used in Texas
The evidence presented cannot be challenged
If probable cause is found, then an Indictment is issued
Indictment – the formal document charging an individual with a crime

14. Pleas
Guilty
This is an admission of some level of responsibility for the crime
A guilty plea stops the process and moves it to the sentencing phase
The goal of a trial is to establish guilt or innocence; if the defendant admits guilt, there is no reason to proceed with the trial phase

15. Pleas (continued) Not Guilty
This plea can be entered by a defendant that has not committed a crime, or
By a defendant that is trying to fight the charges

16. Pleas (continued) Nolo contendo
There is a big misconception about pleading “No Contest”
Nolo contendo is a plea of guilt
The only difference between a plea of nolo contendo and a plea of guilty is that the judge is responsible for the sentencing at the sentencing phase of the trial

17. Pretrial and Courtroom Procedures
Jury Selection
The trial phase begins with the jury selection; without a jury, the trial cannot begin
In order to select a jury, the attorneys use a process called “voir dire”
Voir dire means to “say the truth”
This is the process by which the attorneys question the jurors to ensure that the accused gets the most impartial jurors

18. Pretrial and Courtroom Procedures (continued)
Opening statements
Both the prosecutor and the defense make opening statements to the court
The opening statements allow the evidence to be presented to the court
They are also used to “educate the jury”
Direct examination
The prosecution calls all of its witnesses to provide evidence
The testimony should utilize the witness’ senses and knowledge
Cross examination
The defense has an opportunity to question the prosecution’s witnesses
The process then reverses

19. Pretrial and Courtroom Procedures (continued)
Rebuttal – the prosecution is allowed to present witnesses to refute the testimony presented by the defense’s witnesses during the defense’s direct examination
Closing arguments
Both the prosecution and the defense give their closing arguments
This is an opportunity for both sides to argue the facts of the case
The judge instructs the jury on the law
The jury is dismissed to deliberate
The verdict is announced

20. Pretrial and Courtroom Procedures (continued)
Stand when addressing the court or judge
Before you begin with any statements, say, “May it please the court”
Do not use foul language unless quoting someone
Follow all of the instructions given by the court

21. Pretrial and Courtroom Procedures (continued)
Always stand when making an objection
Objection – means the defense disagrees with the prosecution or vice versa
There must be a legal reason for objecting to the evidence or statement
The judge will rule on the objection and answer one of two ways
Sustained
The person on the stand may not answer the question
The attorney must ask a different question
Overruled
The person on the stand may go ahead and answer the question
The judge is going to allow the testimony

22. Verdicts
Guilty – the jury has determined that evidence exists beyond a reasonable doubt that the accused has committed the crime
Not Guilty – the jury has determined that the prosecution did not prove beyond a reasonable doubt that the accused committed the crime
Mistrial (hung jury)
No matter how many times the judge sends the jury back to deliberate, they cannot reach a unanimous decision on the verdict
The process starts over with a new trail at a later date

23. Criminal Defenses
Alibi – the accused claims that he or she did not commit the crime
Self Defense – the accused committed the crime, but his or her actions were justified
Insanity – the accused committed the crime, but cannot be held responsible

24. Sentencing Phase
If the defendant is found guilty of a misdemeanor, the judge determines the sentence given
If the defendant is found guilty of a felony charge, the trial then proceeds to the sentencing phase
Mitigating Circumstances – circumstances presented at the sentencing that have the potential to decrease the punishment a person receives for the crime
Aggravating circumstances – circumstances presented at the sentencing that have the potential to increase the punishment a person receives for a crime

25. Sentencing Options Probation Prison Death Fines and/or restitution
Letter of apology
Community service

26. Juvenile Procedures Juveniles are not eligible for bail
Juveniles are released or detained based on the seriousness of their crime and their threat to society
Arraignments – pretrial proceedings for juveniles
Adjudication hearing – the trial phase for juveniles
Informal, but closed
Similar to the trial phase in the adult system, except there are no opening and closing statements
The judge decides guilt or innocence

27. Resources
Dallas Bar Association, High School Mock Trial
Furris, Nicholas, director. Order in the Court Video. Cambridge Educational Production, 2001.