Courtroom Participation
Lumengo McGhee -Houston
CJA/224
November 24, 2010
Bruce Cartwright Sr.
Courtroom Participation
The defense attorney represents the defendant, the person accused of committing a crime or a wrongful act. Criminal defendants who are unable to come up with the money for to hire a lawyer are allowed to have the judge appoint them a lawyer who is then paid with public funds. The courtroom deputy or courtroom clerk administers the oaths to the witnesses, marks the exhibits, and generally helps keep the trial running efficiently. The courtroom deputy is employed by the clerk of the court. The clerk of the court is selected by all of the active judges on the court and works closely with the chief
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When the grievance is filed, the clerk of court assigns it, generally by random rotation, to the judge who will hold all matters related to that case until it is determined or closed.
A criminal case may begins when a legal representative for the federal government, the U.S. attorney or an assistant U.S. attorney, convenes a federal grand jury and presents it with evidence or information that indicates that a specific person committed a crime. Only crimes that engage federal laws are tried in federal court, such as bank robberies, serious drug law violations, securities law cases, or damage to federal property. If the grand jury believes there is enough evidence to show that the person in all probability committed the crime, it issues an indictment. Following the indictment, the court may summon the accused to appear in court, or it may authorize a U.S. marshal or federal peace officer to arrest the defendant. The defendant is brought before either a judge or a magistrate judge, at an indictment and is asked to plead "guilty" or "not guilty." If the defendant pleads "guilty," the judicial police officer will set a time for sentencing. If the defendant pleads "not guilty," the judicial officer will set a date for trial. Most of the time lawyers may ask the court to rule on the admissibility of substantiation or to make a conclusion on other case-related issues before the case can proceed to
The next step in the criminal justice process that the defendant would experience is grand jury indictment or a preliminary hearing to establish probable cause. Prosecutors present evidence to a grand jury without the
My reactions to the courtroom observation is that the court house generates allot of money in fines and get the community allot of committee service. They are a lot more player in the courthouse then the book states. The bailiff and other officers that work in the court house are major players in the functions of the court house as well. The secretary is also very important she or he schedules continuing court dates and handles most of the paper work.
The above statement tells that no one can be put on trial for a serious crime, unless a grand jury decide first that there is enough proof or evidence, if there is enough evidence produced then an indictment is issued, which means that the person who is charged with the crime will be put on trial for the crime.
Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.
* Courtroom workgroups consist of a judge, a prosecutor, and a defense. These courtroom groups remain Senior Officers in court who determines the appropriateness of conduct. These officers settle questions of
an intake unit within the court which then decides to process it formally or informally.
In court, lawyers intercede the place of the defendants and plaintiffs and talk on their behalf.
If during all of this process no agreement or deal has been made it goes to trial. “A trail is the proceeding during which the government and the defense present evidence to prove or disprove the charges” (Victim Assistance, 2013). If the defendant chooses to have a trial by jury than the jury selection process begins. “Twelve jurors are selected randomly from the jury pool, a list of potential jurors compiled from voter registration records of people living in the district” (Steps in the Federal Criminal Process, 2015). An ideal jury should consist of all types of people from different races and cultures (Steps in the Federal Criminal Process, 2015). Each attorney asks each potential jury member questions about their prejudices to help them decide whether or not they want them on the jury (Steps in the Federal Criminal Process, 2015). The judge is there to make sure that the attorneys are fair with their questions, and that the jury selection ends up fair and impartial.
Then is arraignment and the plea which once an indictment has been returned or information has been filed, the accused will be formally arraigned. The purpose is to once again inform the defendant of the specific charges against him or her and to allow the defendant to enter a plea. The defendant has the chance enter a plea of guilty, not guilty, or nolo contendere. Then there is
During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person.
10. Trial/Adjudication: On July 10, the defendant, the defense attorney, and prosecuting attorney stand in front of the jury for a criminal trial. The prosecuting attorney presents all evidence before the court including the witness’s testimony, officer’s testimony, and the video surveillance at the crime scene showing the individual in question as the suspect. They also present the weapon found and the ballistic report showing the bullet casings matching the gun found along with the defendant’s fingerprints. The Jury determines the defendant as guilty without reasonable doubt and he is placed back into custody.
A trial court has broad discretion over questions of relevancy and the admissibility of evidence. State v. Dunn, 817 S.W.2d 241, 245 (Mo. Banc. 1991). An appellate court cannot reverse unless abuse is
Explain what an arraignment is and what occurs during an arraignment. Arraignment is when John is taken in front of a judge. At that time, he can request legal counsel, either from a private attorney or from a public defender. He could also waive the right to counsel and defend himself. At that time he will enter his plea and possibly be given a bail amount. When John goes
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association).