Unit 2: The Court Unit 2: The Court SystemSystem

Trial CourtsTrial CourtsLaw EducationLaw Education

Mr. Chad FetscherMr. Chad Fetscher

Randall T. Shepard Academy for Law and Randall T. Shepard Academy for Law and Social JusticeSocial Justice

Objectives:Objectives: After this lesson you will be able to:After this lesson you will be able to: Explain the jury selection process.Explain the jury selection process. Explain for cause and peremptory challenges.Explain for cause and peremptory challenges. Identify the requirements for jury service.Identify the requirements for jury service. Explain who is eligible for trial by jury.Explain who is eligible for trial by jury. Explain the possible outcomes of trial by jury.Explain the possible outcomes of trial by jury. Explain the burden of proof in civil and Explain the burden of proof in civil and

criminal trials.criminal trials.

Why Do I Need To Know Why Do I Need To Know This?This? Because if you, someone you know, or Because if you, someone you know, or

someone you represent is ever arrested someone you represent is ever arrested their case will begin in a trial court.their case will begin in a trial court.

Because if you ever need to sue Because if you ever need to sue someone regarding money, your case someone regarding money, your case will begin in a trial court.will begin in a trial court.

Because only the trial court can Because only the trial court can determine the issues of fact in the case.determine the issues of fact in the case.

VocabularyVocabulary

Trial CourtsTrial Courts Trial courts are the deciders of fact Trial courts are the deciders of fact

(such as whether or not a traffic light (such as whether or not a traffic light was red) that is the ultimate decision on was red) that is the ultimate decision on the issue.the issue.

Trial courts are adversarial (VS)Trial courts are adversarial (VS)

The plaintiff and defendant are there to The plaintiff and defendant are there to share information with the court to be sure share information with the court to be sure the court makes the “right” decision.the court makes the “right” decision.

There are rules that require the plaintiff and There are rules that require the plaintiff and defendants to share information.defendants to share information.

Because of the risk and costs involved, most Because of the risk and costs involved, most trials settle before the trial begins.trials settle before the trial begins.

A prosecutor can NEVER bring a charge A prosecutor can NEVER bring a charge against a person that s/he knows is innocent against a person that s/he knows is innocent of the crime.of the crime.

Jury TrialsJury Trials Jury: law, an oath, inquest, sworn, Jury: law, an oath, inquest, sworn, Right to a jury is a limited right.Right to a jury is a limited right.

Only a defendant in a criminal trial for a Only a defendant in a criminal trial for a felony has the right to a jury.felony has the right to a jury.

Only the defendant in a criminal trial Only the defendant in a criminal trial can decide whether to have or not have can decide whether to have or not have a jury.a jury.

In a civil trial, the decision by the jury In a civil trial, the decision by the jury does NOT have to be unanimous.does NOT have to be unanimous. There only needs to be a substantial There only needs to be a substantial

majority.majority. In a criminal trial, the jury’s decision In a criminal trial, the jury’s decision

has to be unanimous.has to be unanimous. Juries are usually made up of 6, 9, or Juries are usually made up of 6, 9, or

12 people with 1 or 2 alternates.12 people with 1 or 2 alternates.

Jury DutyJury Duty A jury consists of twelve persons chosen to A jury consists of twelve persons chosen to

decide who has the better lawyer. -Robert Frost decide who has the better lawyer. -Robert Frost

A court is only as sound as its jury, and a jury is A court is only as sound as its jury, and a jury is only as sound as the people who make it up.only as sound as the people who make it up.

- Atticus Finch- Atticus Finch To Kill a MockingbirdTo Kill a Mockingbird

In order to serve on a jury, a person must In order to serve on a jury, a person must be:be: 18 years old18 years old A citizen of the United States of AmericaA citizen of the United States of America A resident of the state or federal districtA resident of the state or federal district Able to understand EnglishAble to understand English

A jury should be made up of a A jury should be made up of a representation of the people in the representation of the people in the community (group of your peers)community (group of your peers)

People CANNOT be People CANNOT be excluded from excluded from serving on a jury serving on a jury because of their:because of their:

All citizens have a duty to serve on a jury, and can be brought into court and/ or punished for not serving when summoned.

Jury SelectionJury Selection The process is begun when an INDICTMENT is The process is begun when an INDICTMENT is

returned by the GRAND JURY requested by the returned by the GRAND JURY requested by the prosecutor.prosecutor.

Prior to the start of the trial several summons to Prior to the start of the trial several summons to potential jurors will be sent informing them of the potential jurors will be sent informing them of the possibility of jury service and possible service dates.possibility of jury service and possible service dates.

Potential jurors will complete and return to the Potential jurors will complete and return to the court a potential juror questionnaire.court a potential juror questionnaire.

Potential jurors will be put through the process Potential jurors will be put through the process called VOIR DIRE (to speak truth).called VOIR DIRE (to speak truth). The goal of voir dire is to find out if the potential The goal of voir dire is to find out if the potential

juror has any bias or special knowledge about the juror has any bias or special knowledge about the case.case.

Both sides have the opportunity to ask Both sides have the opportunity to ask questions of potential jurors.questions of potential jurors.

Both sides have the opportunity to Both sides have the opportunity to remove potential jurors that they do not remove potential jurors that they do not want.want. To remove a potential juror you believe has a To remove a potential juror you believe has a

bias it is called REMOVAL FOR CAUSE.bias it is called REMOVAL FOR CAUSE. This will NOT count against the number of This will NOT count against the number of

challenges granted to each side.challenges granted to each side. To remove a juror for any reason it is called a To remove a juror for any reason it is called a

PEREMTORY CHALLENGE.PEREMTORY CHALLENGE. This removal WILL count against the number of This removal WILL count against the number of

challenges granted to each side.challenges granted to each side.

Neither side can eliminate a potential Neither side can eliminate a potential juror simply because of:juror simply because of:

Religion

Gender

Age

Race

Potential jurors will take an oath and Potential jurors will take an oath and be sworn in before the voir dire be sworn in before the voir dire process begins.process begins.

After the jury is selected s/he will After the jury is selected s/he will listen to the case and review listen to the case and review evidence as it is submitted.evidence as it is submitted.

Once both sides of “rested” their Once both sides of “rested” their cases the jury will be given cases the jury will be given instructions by the judge on how to instructions by the judge on how to go about deciding the case.go about deciding the case. It may include:It may include:

Identifying what questions are to be Identifying what questions are to be decideddecided

Explanation of what laws applyExplanation of what laws apply Reminder concerning the burden of proof.Reminder concerning the burden of proof.

The jury will then be taken to the The jury will then be taken to the jury room to begin DELIBERATING jury room to begin DELIBERATING the case and working towards their the case and working towards their VERDICT.VERDICT.

In order to keep order the jury will In order to keep order the jury will select a FOREPERSON from among select a FOREPERSON from among them who will serve as the leader of them who will serve as the leader of the jury.the jury.

If a judge deems it necessary to keep If a judge deems it necessary to keep jurors from any outside influence s/he jurors from any outside influence s/he may order that the jury be may order that the jury be SEQUESTERED.SEQUESTERED.

If the jury is unable to reach a If the jury is unable to reach a unanimous verdict and further unanimous verdict and further deliberation will not break the deliberation will not break the deadlock the judge must declare a deadlock the judge must declare a HUNG JURY and declare a MISTRIAL.HUNG JURY and declare a MISTRIAL.

If a judge believes that the verdict reached has If a judge believes that the verdict reached has no factual basis or is contrary to law s/he may no factual basis or is contrary to law s/he may reverse or amend their judgment in what is reverse or amend their judgment in what is known as JUDGEMENT NOT WITHSTANDING known as JUDGEMENT NOT WITHSTANDING THE VERDICT (JNOV).THE VERDICT (JNOV).

A jury may disregard both the law and the A jury may disregard both the law and the evidence and ACQUIT a defendant who has evidence and ACQUIT a defendant who has violated the letter of the law but not the spirit of violated the letter of the law but not the spirit of the law in what is known as JURY the law in what is known as JURY NULLIFICATION.NULLIFICATION.