Honorable Kathryn Nelson began the morning addressing the attorneys. ASA Bodek informed the judge that he had seen the defendant driving the previous day knowing that one of the charges were driving without a valid driver license. He wanted to ensure that his observation was on record. The judge then asked the defense attorneys if they had anything that they needed to address, which they responded no. Judge Nelson delayed the trial for approximately 20 minutes so the bailiff could go and locate a hearing device for Mr. Burke since he was hearing impaired. Once that was taken care of, the jury was brought into the courtroom. Judge Nelson greeted the jury and told them that opening statements would take place. Facing the Judge, the prosecution sat to the right and the defense sat to the left. Against the right wall of the courtroom is where the jury sat. Witnesses for the prosecution sat behind the ASA and witnesses or friends and family for the defense sat behind the defense attorneys.…
First I will start off with the one who has all the authority, the judge. The judge is the one who makes all the rules. Next is the prosecuting attorney. The prosecuting attorney may also be known as the district attorney, state’s attorney, county attorney, commonwealth attorney or solicitor. The prosecuting attorneys duty is to conduct criminal proceedings on the behalf of the state or the people against those accused. The three main roles of the prosecutor are investigating crimes, to decide whether or not to instigate legal proceedings and to appear in court. All of the duties of a prosecutor may become too much for one person to handle so they supervise a staff of assistant district attorneys who do most of the work in the courtroom. The prosecuting attorney determines which cases to pursue by the amount of evidence that they gather. If the attorney cannot find enough evidence to get a conviction then they may make the decision to drop the case. Next is the defense attorney. The defense attorney is the one who represents the one being accused of a crime. Public defenders also represents those accused of crimes, however they are state employed lawyers.…
This court case took place in the United States Supreme Court in the Northern District of Indiana. The plaintiff in this court case is Deborah White, represented by Amanda Babbitt and Jackson Walsh. The defendants are Patrick Gibbs and O’Malley’s Tavern, represented by Benjamin Walton and Jordon Van Meter. Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendents. A summary judgment is granted only if all of the written evidence before the court clearly establishes that there are no disputed issues of material fact and that the party who requested the summary…
The role of Magistrates and Jurors are similar in ways of characteristics needed; for example both must be aged 18-70 and those who are in the police or have previous criminal convictions are ruled out. The selection process is however very different, the Lord Chancellor will appoint lay magistrates on behalf of the queen whereas jurors are selected by an electoral register for the area in which the court is situated and is done by a computer at the Central Summoning Bureau. Lay Magistrates are unpaid, part time volunteers whereas jurors are also unpaid but may be unwilling however failure to attend can result in prosecution or a fine. Magistrates can claim a small allowance and compensation for lost earnings. Both parties make their decision based on facts, such as guilt or innocence in trials whereby the difference is that Magistrates can sentence the defendant whereas jurors cannot. Both are used in the right for a ''trial by our peers'', ordinary people with experience of real life situations. Jurors will serve for a period of usually two weeks as apposed to Magistrates who will serve part time for different periods of time. Although lay magistrates and district judges do a very similar job there are many differences between how they work, their qualifications and employment. Lay magistrates, otherwise known as Justice of the Peace sit in magistrate's courts, generally in groups of three, whereas judges usually sit alone. 1999 there were 90, of whom about 20% were women, whereas there are an almost equal number of men and women magistrates, showing that judges are not a mirror image of trial by ones peers such as lay people. Judges are members of the professional judiciary who are legally qualified and salaried, working…
Court System Visuals Team B- David Bruner, Kadeesha Dixon, Robert Holben, and Tyleshia Gilbert June 16, 2014 CJA/204, Introduction to Criminal Justice Linda Fisher-Lewis Major historical developments of the U.S. courts • Probation Act of 1925 • Pretrial Service as an experiment in 1974 • Pretrial Services Act of 1982 Dual Court System • Federal versus State Court Systems • Federal based on United Sates Constitution • State based on State legislature Steps of the Pretrial Process • • • • • • • • • • Arrest and Charge Bail Hearing First Appearance/Obtaining Disclosure Crown Resolution Meeting Judicial Pre-trial Preliminary Inquiry Trial Verdict Sentence Appeal Six Steps Necessary For Appeal • • • • • File a notice of appeals.…
The courtroom workgroup consists of the participants that work for the court. The workgroup is composed of the judge, prosecuting attorneys, defense attorneys, public defenders, and others that work for the court, such as the clerk and the court reporter. The judge has overall control of the courtroom and the workgroup. The judge is responsible for keeping the order and deciding guilt or innocents of the accused. The courtroom workgroup interacts daily in many ways. It is the responsibility of the judge to oversee all that goes on within the courtroom and ensure that rights are not violated as well as rule on each case that is put before them. The defense attorneys, prosecuting attorneys, and the public defenders, help paint a picture if you will for the judge of what happened. The judge then interprets the information he or she is given to determine guilt or innocence without bias ensuring that the accused receives a fair trial. The courtroom workgroup functions well, needing no major changes.…
Every case starts with an alleged crime. In the Sandoval case, the crime was murder. Sandoval was soon put into the system after he was arrested. After the arrest, Sandoval would have been book and then gone to his first appearance hearing where he is informed that he was getting charged with first-degree murder. Next would be the preliminary hearing where the defense would have received an arraignment, formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty, not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that…
The deal with the judge in the same manner as the rest of the people involved in the court room by showing the upmost respect and following the rules that are enforced by the judge. The interaction with the prosecution can at times be a bumpy ride due to the fact the prosecution will do what is necessary and at times can slip away from playing by the rules. The defense will find holes in the prosecution and provide the information to their client. At times some of the actions can lead to a person who may be proven guilty the chance to walk due to the fact of the rights being broken. The defense does what is best for the client with the information provided and the ability to enforce that their client is being treated to a fair trial.…
The responsibilities of a judge in the criminal justice process consist of a variety of duties; no court judge have just one duty or job to complete on a daily bases. Some of these duties include determining probable cause, signing warrants, informing suspects of their rights, setting and revoking bail, arraigning defendants, and accepting guilty pleas. When a judge is not in court, most of the time, they are negotiating dispositions with prosecutors and defense attorneys. The most important responsibility is to ensure suspects and defendants are treated fairly in compliance with Due Process of Law. In a jury trial the judge is responsible for allowing the jury a fair chance to reach a verdict. Before releasing them to deliberate or discuss…
At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome. When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial.…
Courtney Lee, a 20-year-old woman, the defendant in this case, was charged with first degree felony for two counts of aggravated sexual assault of a 13-year-old boy , a minor, she was dating. The initial bond was set at $5000 for each count, under the compulsory condition that she not be allowed around any minors. The case was taken back to court because the defendant dishonored the mandate of her release by being…
Both the prosecution and defense present evidence and call witnesses, in front of a judge and a twelve-member jury. The jury will examine the evidence and return a verdict. The judge will interpret the verdict for sentencing, according to state law.…
During trial there are ten basic roles associated with the courtroom. They are the judge, witness, prosecutor, the jury, clerk of court, court reporter, bailiff, defendant, defense counsel, and spectators or press. These roles make up the courtroom work group. All of these roles together help ensure the procedures of the criminal justice systems are being followed and carried out.…
The state Trial Courts are responsible for the arraignment of the defendants at the beginning of a case, selecting a jury among potential jurors, hearing the case from the accused side and the defendants side to effectively evaluate the evidence as according to the legal guidelines. After the hearing and evaluating the presented evidence, the state Trial Court is responsible for determining the facts of the case. When facts are determined the State Court is responsible for pronouncing the judgment, basing it on the facts and the legal guidelines. After making the ruling, the state court is responsible for imposing a sentence to the person found guilty.…
For my court observation, I was able to sit in a Texas State District Court. The judge of the court I observed was Honorable Judge Etta J. Mullin. Everything was pretty much what I expected to see. I wasn’t expecting anything outrageous to happen like on the television. I was expecting everything to be very professional and very boring, like watching the C-SPAN channel.…