Essay on Effective Communication Inside the Courtroom

The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.

During jury selection, potential jurors are interviewed then chosen or eliminated from the jury. The initial selection of potential jurors is completely random; citizens get “jury Duty” notices on a random basis. The screening of the jury selection is conducted by both the prosecution and the defense, and is overviewed by the judge on the case. During the interview, citizens are asked a number of strategic questions to ensure that they are not in any way bias for or against the defendant or case. The questions also eliminate those who have any connection to the case, in any way. It is during this interview that the lawyers on the case can voice their concerns regarding biased jurors.

The defense case in chief must mount a defense that either demolishes the prosecutor’s case or, at a bare minimum, creates reasonable doubt in the minds of the jury. A defendant has no burden of proofs in any criminal case and can still prevail without introducing any evidence with the exception of affirmative defenses. Based on the Fifth Amendment the defendant may choose not to testify to avoid self- incrimination. The defense counsel also calls defense witnesses for direct examination. Defense testimony may also include expert witnesses who have special training and qualifications and are permitted to offer opinions. The prosecution is permitted to cross-examine each defense witness.

The courtroom is a vital part of the criminal justice system, and a major role in the judicial branch of our government. In the courtroom there are specified roles given to certain people that allow them to to actively engage in the system and get it to work efficiently and properly so that justice is served. The major roles of the courtroom work group are: Police officer, prosecutor, defense attorney, judge, defendant, victim, bailiff, court reporter, and the jury. In this essay I will describe in depth the responsibilities of each of these important courtroom characters.

The sixth amendment to the U.S constitution guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. Once it has determined that the trial will be by jury, the next step in the criminal proceeding is the selection of the jurors. During this process possible jurors receive a summons in the mall ordering them to appear in court at a specified time and date the people who are summoned comprise the venire (the prospective jurors for cases). Voir dire Latin term meaning to speak the truth, this is an examination conducted by the courts or by the attorneys of a potential juror or witness to determine if they would be proficient or qualified for services. Jurors’ questionnaires reveals information disqualifying them from jury service is only the first step in the jury selection process. Typical questions relate to whether prospective jurors know the defendant, the attorneys, or any of the witnesses, whether they have read or heard about the case in the media, and whether they have racial, nationality, or gender biases. Effective voir dire is getting the prospective jurors to tell the court or attorneys what they need to know( Ferdico, J 2005).

In the Canadian Charters of Rights and Freedoms (1982) under section 11, it is stated that a person that has been charged with a criminal offence, has the right to a trial by jury. For many years jury trials have been under constant criticism in regards to the jury’s inability to adequately perform the responsibilities entrusted to them. Many studies have been performed looking into the jury selection process, jury bias, pre-trial publicity exposure and attitudes/personality of a juror, in order to increase the jury’s abilities to perform their responsibilities to present a fair trial. In the case People v. Weatherton (2014), the inappropriate behaviour of a jury member lead to a legal dispute regarding the final verdict. This behaviour lead to a lengthy investigation with the final decision, made by the Supreme Court of California, to reverse the guilty verdict. As a member of the jury, it is important to understand the responsibilities one must uphold while deciding whether a person is guilty or not guilty.

During the trial, all evidence from both the prosecution and the defense is brought forward, and witnesses are brought in to testify in front of the judge or jury. This is when the prosecuting attorney pleads his case of guilt and the defense attorney casts doubt on the prosecution’s case, while proving the innocence of their client. Each trial has a set routine that it mostly adheres to. It starts with each attorney giving their opening statements, moving on to the presenting their cases while

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

2008 1L Moot Court Tournament at the Liberty University School of Law, White V. Gibbs CA# -8776-CV285.

Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based

The role of trial consultants in each particular case differs. These roles can vary from solely assisting with jury selection to a full range of services including conducting community attitude surveys, determining the effectiveness of evidence that will be used in trial, guiding attorneys through what approach should be taken during the trial, and preparing witnesses to testify in court. The different roles are an integral part of trial consulting as defined by the field of psychology. Field consultants are said to provide insight and guidance on the case through the roles described above. To determine if these roles described are that of the real world this paper will be discussing one case in particular that highlights the differing uses for trial consultants, the O.J. Simpson trial. Simpson was a former professional football player, idolized and known by many, who was tried for the death of his ex-wife, Nicole Brown, and a family friend, Ronald Goldman (Ford & Newton, 1994). Many people know this trial because of the high level of media attention it received but what is unknown to various people is the work that was put in by trial consultants Jo-Ellan Dimitrius and Don Vinson. During this trial, the consultants focused mainly on assisting with jury selection, conducting community attitude surveys, and guidance on trial strategies. The trial consultants had to find a way to work around

The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it

“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness

The right to a trial by jury is a core element of the United States Criminal Justice System. This right is guaranteed to all citizens by the highest law of the land: The United States Constitution. But are juries truly an effective means of securing justice? The movie 12 Angry Men provides commentary on this question with its portrayal of twelve jurors deliberating over a murder case. The jury initially seems bound to condemn the defendant, a young man of nineteen years, to the electric chair, but a single man, Juror no. 8 descents against the majority. Over the course of the film, tensions rise, and after much debate Juror no. 8 manages to convince the other eleven jurors to eventually vote not guilty. Through their debates and casual side conversations, we are shown the role of personal biases and group manipulation tactics that can impede with objective analysis and ultimately the attainment of justice. Thus, the Movie 12 Angry Men mostly serves to challenge the jury system as a means of securing justice by demonstrating the harmful effects of personal biases, the lack of dedication to the system, and the potential for manipulative tactics.

In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.