segunda-feira, 2 de fevereiro de 2009

Typical Courtroom in the U.S.




Courtroom Cast of Characters
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All courts have the same set and cast of characters.
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JUDGE
The judge has many duties in connection with a trial. The judge must see that the trial is conducted in an orderly manner and according to prescribed rules and laws. This includes the legal process related to the selection of the jury, the presentation of evidence, the arguments of the lawyers, the instructions to the jury, and the rendering of the verdict.
At the conclusion of a criminal trial, the judge imposes the sentence.
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COURTROOM CLERK
The clerk sits to one side of the judge. The clerk is an officer of the court and records a summary of what happens in a case as well as orders made by the court during the trial and the verdict at the end of the trial. The clerk also administers the oath or affirmation to jurors and all witnesses before they testify and marks all exhibits when they are received in evidence.
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BAILIFF
A bailiff is a police officer who is charged with keeping order in the courtroom during a trial. The bailiff opens and closes the court each day and attends to the jury by sitting outside the jury room while the jury is deliberating on a verdict. Jurors should comply with requests of the bailiff while in the bailiff's charge.
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COURT REPORTER
The court reporter records, in shorthand or on a machine, everything that is spoken on the record in the courtroom. These notes may be transcribed if necessary and are a permanent record of the trial.
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COUNSEL
Counsel is the name used for the lawyer engaged in the trial. Both the plaintiff and the defendant have counsel.
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DEFENDANT (also called RESPONDENT)
The defendant is the person against whom the lawsuit (civil case) is brought or the person charged with an offense (criminal case).
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DEFENSE ATTORNEY OR PUBLIC DEFENDER
The defense attorney is the lawyer who defends the accused person. The 6th Amendment gives citizens accused of a crime (defendant/respondent) the right to a defense attorney. That means that if an accused person can't afford a defense attorney, the courts will provide one for free. The job of a defense attorney is to reach the best possible outcome for the client. To prepare for trial, they hire and manage investigators, gather information from witnesses, and study similar cases.
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PLAINTIFF
The plaintiff is the person who accuses another and brings the lawsuit to court.
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PROSECUTOR/PLAINTIFF'S ATTORNEY
In a criminal case, the prosecuting attorney's job is to reach the best possible outcome for the people of Michigan, including the victim of the crime. After the police arrest a person, the prosecuting attorney reviews the reason for arrest and determines the which law applies to the offenses the person committed. The prosecuting attorney files papers to the court listing what the person is charged with and how long the person might have to be in jail or prison if found guilty. Unless the person agrees that he or she is guilty, the case goes to trial. If that happens, the prosecuting attorney must show beyond a reasonable doubt that the person is guilty.
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WITNESS
A person who gives the jury information about the case. Both prosecutors and defense attorneys use witnesses to present evidence. Anyone from an expert scientist to a bystander witness can testify. Among the most important witnesses in a criminal trial are the accused and the complainant, the persons who actually saw the events, and the officers who investigated the crime. Witnesses called to the stand swear under oath to tell the truth. If they refuse to answer a question, the courts can hold them in "contempt" and punish them. Witnesses can, however, refuse to talk about certain private conversations protected by "privilege," such as those between a doctor and patient. The courts place some witnesses, who may be in danger, in a Witness Protection program.
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JURY
The jury listens to testimony from both the plaintiff and defendant's side and decides the verdict of the case. The Bill of Rights and the Constitution protect a citizens' right to trial by jury. A fair trial is synonymous with a jury trial. Most juries are made up of twelve randomly selected people. The jurors have the serious and limited responsibility of deciding on the facts of the case. They rely on only the information presented to them by the attorneys.
During the trial both attorneys present evidence to the jury to try and convince them of the defendant's guilt or innocence. Once the jury hears the case, they deliberate, or decide the case. Deliberation can last anywhere from ten minutes to ten weeks, depending on the case. The decision process is difficult. In a criminal case, all twelve jurors must agree on a verdict before it is presented to the judge.
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Criminal Case
In a criminal case, a jury must find the defendant "not guilty" unless the prosecution proves beyond a reasonable doubt that the defendant is guilty. Sometimes courts try to explain the phrase "beyond a reasonable doubt" in their own words, but its central meaning is just what the words say: the jury can convict a defendant only if the jury is persuaded, beyond any doubt that is reasonable, that the defendant is guilty.
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Civil Case
In a civil case, a jury must decide the case by the "preponderance of the evidence" . That means a person wins the case if that person's evidence is the most persuasive, even if it is only a little bit stronger than the other person's evidence.
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GRAND JURY
This is a group of people who decide whether or not there is enough evidence to formally accuse someone of a crime.
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FOREPERSON
The foreperson of the jury speaks on behalf of the entire jury.
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Courtroom Vocabulary Words
Acquittal: A legal determination that a person who has been charged with a crime is innocent.
Appeal: A request for a higher court to review a decision made by a lower court.
Arraignment: When the accused is brought before the court to hear the charges against him or her. They plead guilty or not guilty at this time.
Conviction: The result of a criminal trial in which a person is found guilty.
Cross-examination: The questioning of a witness by the lawyer for the opposing side.
Direct-examination: The first questioning in a trial of a witness by the lawyer who called that witness.
Indictment: An accusation of a crime, made against a person by a grand jury upon the request of a prosecutor.
Information: An accusation of a crime, made against a person by the prosecutor.
Mistrial: A trial that becomes invalid, is essentially canceled, because of a mistake in procedure.
Motion: How a lawyer asks the judge to make a decision.
Objection: The opposing side finds fault with the question being asked the witness.
Overruled: The judge, following an objection, decides the questions may continue.
Sustained: The judge, following an objection, agrees that the line of questioning should not continue.
Verdict: A verdict of guilty or not guilty is handed down by the jury.
Sentence: The punishment given to a person who has been convicted of a crime.
Your Honor: The way a judge is addressed in a courtroom.

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