1. Hollywood and the Law: An Introduction to the American Legal System (ALS)

2. Perception: What does Hollywood Get Right? Basic elements of the criminal ( and to lesser extent ) civil trial “in court” process Essential roles of the parties in our adversarial legal system o Prosecutor / Plaintiff as burden holder o Defense as burden “buster” o Defendant as presumed (????) innocence

3. Perception: What does Hollywood Get Right? Essential roles of the parties in our adversarial legal system o Judge as referee and gate keeper o Witness as provider of fact o Bailiff as judges bouncers o Court reporter as record keeper o Jury as trier of fact

4. Perception: What does Hollywood Get Right?

5. Reality: What Hollywood Leaves Out Facts about the ALS: 80% to 90% of lawyers never step inside a courtroom; their job is to keep clients OUT of court 85% to 95% of civil lawsuits or criminal cases DO NOT go to trial. Most civil cases will end in a settlement Criminal cases will end in a plea bargain The courts shows on T.V. are mostly trial courts; the AJS is a complex system of courts with very defined roles: each court has a complex series of rules A trial can be decided by either a jury or judge

6. Reality: What Hollywood Barely Touches On… Facts about the American Judicial System Federalism, a core concept of American government allows for three essential courts systems o Municipal (city/ township/ county) o State (PA /NJ) o Federal (US) Different levels of review existence with these systems o A trial level (finder of fact) o Appellate levels (reviewers of law)

7. Reality: What Hollywood Vaguely Represents Facts about the Trial Process Trials are govern by a complex series of rules: o Analogy: the professional football players playbook Rules of Civil Procedure o A full year course during 1 st year of law school o Governs all pre, during and post trial motions Rules of Evidence o A full year course during 2 nd year of law school o Governs what is admissible into a trial

8. Reality: What Hollywood Leaves Out Facts about the Pre-Trial Process The adversary system relies upon extensive use of pre-trial discovery proceduresdiscovery o Interrogatives – form survey questions asked of potential witnesses o Depositions- interviews conducted of witnesses o Discovery - affidavits for documentations The Goal : Settlement before a case goes to trial

9. Reality: Criminal law and Plea Bargaining Watch Parts 1& 2 of PBS Frontline The Plea Answer: 1.How is this different than what I thought happens in a criminal case? 2.What is the dilemma of balancing “justice” with efficiency.”