COURTROOM

DUTIES OF DEFENSE ATTORNEY

Represents the accused and convicted

Must have knowledge of the law

Skilled in investigation

Experiences in advocacy

Relationship with prosecutors

COUNSEL FOR INDIGENTS

Right guaranteed by the ?

Attorneys are provided by the government

Provided early in the process

ASSIGNED COUNSEL

Court appoints a private attorney

Widely used in small cities and rural areas

CONTRACT SYSTEM

An attorney, nonprofit organization or private law firm contracts with a local government

Used in a few counties

PUBLIC DEFENDER

Used in 43 of the 50 states

Viewed as better than assigned counsel

Trust of client is an issue

PROCEDURE IN COURT

REMEMBER 48 HOUR RULE 36 HOUR RULE Motion: requests that an order be

issued to bring about a specific action

Bail—sum of money specified by the judge that is presents as a condition of release

PLEAS

INSANITY Test to determine right from wrong is

known as: MCNAUGHTEN RULE

NORGAARDGuilty but cannot recall factsCommon with chemical use

ALFORD—realizes that the State of MN has a strong factual basis. Pleads not guilty but accepts punishment

NOLO CONTENDRE—Evidence from the criminal case cannot be used in a civil trial—NOT USED IN MN

PLEA BARGAIN

NEGOTIATING AN AGREEMENT IN A CRIMINAL TRIAL

CHANGE OF VENUE

IF THERE HAS BEEN A LOT OF PRETRIAL PUBLICITY THE DEFENSE MAY FILE A MOTION FOR A CHNGE OF VENUE PRIOR TO THE TRIAL BEGINNING.

DISCOVERY

NO SURPRISE WITNESSES OR EVIDENCE

OMNIBUS HEARING

IF THERE IS PROBABLE CAUSE AND TO DECIDE THE ADMISSIBILITY OF EVIDENCE----4TH AMENDEMENT

TRIALS

Bench Trial—conducted by a judge

Jury Trial—a panel of citizens

Felony case—12 jurors

GM, Misd—5 jurors

PROSECUTION MUST PROVE GUILT BEYOND A REASONABLE DOUBT IN A CRIMINAL TRIAL

PREPONDERANCE OF THE EVIDENCE IN A CIVIL TRIAL

Functions of Juries

Prevent government oppression Determine guilt Represent diverse community

issues Serve as a buffer Symbolize the rule of the law

Trial Process

Selection of Jury Opening statements Presentation of prosecution’s

evidence Presentation of defense’s evidence Presentation of rebuttal witnesses Closing arguments

Jury instructions Decision by Jury

Voir Dire Examination—questioning of prospective jurors Challenge for Cause-removal because

they have a bias Premptory Challenge-remove without reason

JURY STRIKES

PROSECUTOR-----3

DEFENSE------5

BEGIN WITH 20

END WITH A TOTAL OF 13

12 ON JURY AND ONE ALTERNATE

EVIDENCE

Real Evidence---physical Demonstrative—information

relevant to the crime Testimony—oral evidence Direct Evidence—eyewitness

accounts Circumstantial Evidence—require

the jury to infer a fact

SPREIGEL EVIDENCE

JUDGE MAY PERMIT THE PROSECUTOR TO INTRODUCE EVIDENCE THAT THE DEFENDANT HAS COMMITTED SIMILAR CRIMES

NOT DOUBLE JEOPARDY

SUBPOENA

A LEGAL DOCUMENT ORDERING A PERSON TO TESTIFY IN A COURT OF LAW AS A WITNESS

POLICE OFFICER WOULD USE WHAT TO REFRESH MEMORY?

POLICE OFFICER

PROFESSIONAL ATTIRE SPEAKS TO JUDGE OR JURY NO JARGON ALERT DEMEANOR

Buck Savage

Presentation of Defense’s Evidence

Contrary evidence is introduced

Alibi is offered

Key issue is whether or not the accused will take the stand

SELF DEFENSE

Elements:

DUTY TO RETREAT PRIMARY AGRESSOR FEAR OF GREAT BODILY HARM

JURY INSTRUCTIONS

Reasonable doubt—standard used to determine if prosecution has enough evidence for conviction

Judge interprets the law to the Jury

DECISION BY THE JURY

Guilty Jury can be polled

Not guilty

Hung jury

VICTIMS

VICTIMS ARE ALLOWED TO GIVE AN IMPACT STATEMENT AT THE SENTENCING

SPEAK ONLY TO JUDGE

CONSEQUENCES

STAY OF EXECUTION—get probation but prison sentence is held over head

STAY OF IMPOSITION—probation instead of prison, when probation is completed the felony becomes a misd on criminal record

A MONITORING DEVICE—ankle bracelet

SUSPENDED SENTENCE—Max sentence given but some not carried out

WORK RELEASE PROGRAM

PRISON TERM—Sentencing Guidelines

GRAND JURIES

FEDERAL STATE FUNCTIONS

Investigation Indictment

MINNESOTA GRAND JURY

REQUIRE AN INDICTMENT TO BEGIN PROSECUTIONS THAT COULD RESULT IN LIFE IMPRISONMENT

DOES NOT DETERMINE GUILT OR INNOCENCE

CONTROVRSIAL CASES TO SEE WHAT THE COMMUNITY FEELS SHOULD HAPPEN

WHEN WITNESS REFUSES TO COOPERATE WITH LE. THE GRAND JURY CAN QUESTION.

BASIC TERM FOR FEDERAL GRAND JURY IS 18 MONTHS

HENNEPIN COUNTY IS 4 MONTHS 16-23 JURORS IN MN 16 IS A QUORUM IN MN 12 ARE NEEDED TO INDICT IN MN

PROCEEDINGS ARE MORE INFORMAL

NO DEFENSE PRESENT NO JUDGE PROCEEDINGS ARE RECORDED JURORS ARE CHOSEN FROM VOTER

REGISTRATIONS AND DRIVERS LICENSE RECORDS—18 YRS OLD

APPEALS

A request to a higher court that it review actions taken in a completed trial Based on questions of procedure Conviction may be upheld or set aside Most appeals are unsuccessful

Habeas Corpus—a writ requesting that a judge examine whether an individual is being properly detained

The appeal process performs the important function of righting wrongs

Should they be limited?

Are offenders being “let off?”