courtroom. duties of defense attorney represents the accused and convicted must have knowledge of...
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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?”