How does a judge decide a case in a trial?
Furthermore, if the Judge decides to allow a person to post bond, the Judge decides how much the bond is along with any other conditions of bond. The Judge also proceeds over a 402 Conference. A 402 Conference is where the prosecutor and the defense attorney obtain the Judge’s opinion on what a fair sentence would be. In addition to the above ...
Who brings the case in a civil case?
Jan 05, 2021 · Question 8 2.5 / 2.5 pts Who is responsible for delivering jury instructions?4/16/2020 Quiz 8: CCJ3024.521S20.12065 Survey Criminal Justice System Judge Prosecutor Defense attorney Bailiff Question 9 2.5 / 2.5 pts CASE 9.3 Donald Reed, a Vietnam Veteran and former engineer, was arrested for possession of marijuana and resisting arrest …
What does a judge do in a criminal case?
Is defense attorney a type of prosecutor? no. ... _____ is not a primary reason shown to affect a judge's decisions. pay scale. A prosecutors decision to dismiss a case because of police misconduct would have been based on: ... _____ are responsible for delivering jury instructions.
Who is seated in the courtroom during a trial?
Every trial proceeds in basically the same way. Both parties are seated in the courtroom. In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney.. In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, need to be present.. The attorneys will begin by making their opening …
Who writes jury instructions?
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
What is the defense attorney main responsibilities in the courtroom?
Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.
What are the responsibilities of prosecutors as a courtroom player?
To appear in court During the trial, the prosecutor is a party to the case, tasked with proving that a crime has been committed. A prosecutor also has a duty to report any evidence favourable to the suspect.
What is a judge responsible for?
In the U.S. judicial system, judges are tasked with presiding over trials and maintaining order. They also review whether or not there are any illegality issues per the evidence submitted. ... Additionally, judges are also responsible for sentencing convicted criminal defendants. Most cases are heard and settled by a jury.
Who gives the final Judgement in the court?
the Judge1. A judgment is the statement given by the Judge, on the grounds of a decree or order. It is the end product of the proceedings in the Court. The writing of a judgment is one of the most important and time consuming task performed by a Judge.
What is the role of defense attorney in Criminal Justice System 8?
Answer: Role of the Defence Lawyer: The defence lawyer appointed by the accused presents the case on behalf of the accused. The defence lawyer can cross-examine the witnesses and also ask the court to summon witnesses to prove that the accused is not guilty.Apr 2, 2018
Who is who in a courtroom?
Key figures in a courtroom trial are the judge, a court reporter (in superior court), a clerk, and a bailiff. Other central people are the attorneys, the plaintiff, the defendant, witnesses, court interpreters, and jurors.
Who is the most important person in a courtroom?
While the judge is important in any criminal court room, the answer is the court personnel, specifically, the court clerk, court reporter, and bailiff. The court clerk and court reporter are tied for the most important person in the courtroom.Dec 15, 2020
What is the role of the defense?
The Defence teams represent and protect the rights of the defendant (suspect or accused). All defendants are presumed innocent until proven guilty beyond reasonable doubt before the Court.
What are common ethical violations of a judge?
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
How is a judge's role different from an elected official?
Question: How is your role in government different from an elected official? ... Judges, including myself, are appointed by the president to serve the people, but are not elected by the people. Other elected officials are voted into office by the citizens, while judges are not.
Which of the following are the responsibilities of a judge select all that apply?
Which of the following are the responsibilities of a judge? Hear legal disputes; Administer the law; Preside over courts.
What is the second purpose of jury duty?
The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case.
What is the role of a lawyer in a court case?
Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but do so using approved legal procedures.
What is the role of a courtroom deputy?
The courtroom deputy, who is usually seated near the judge, administers the oaths to the witnesses, marks the exhibits, and generally helps the judge keep the trial running smoothly.
What is a witness called when they testify in a court case?
Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government's witnesses , or defense witnesses .
What branch of government does a lawyer work for?
In criminal cases, one of the lawyers works for the executive branch of the government, which is the branch that prosecutes cases on behalf of society. In federal criminal cases, that lawyer is the U.S. Attorney or an assistant U.S. attorney.
Where does a court reporter sit?
The court reporter sits near the witness stand and usually types the official record of the trial (everything that is said or introduced into evidence) on a stenographic machine. Federal law requires that a word-for-word record be made of every trial.
What is the bench called in a court case?
The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper.
Which side always goes first in a civil case?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
What happens if an attorney's objection is overruled?
If the objection is overruled, the attorney can continue with the question.
What is an eyewitness testimony?
Eyewitness testimony – The testimony of someone who observed the actual event taking place. Witness testimony – Testimony of a person who has personal knowledge of relevant information. Because this witness is not an eyewitness, inferences will need to be made by the jury or judge based on the testimony.
How long does it take to get a sentencing hearing?
A criminal defendant who is found guilty, or who voluntarily pleads guilty, is scheduled for a sentencing hearing approximately 90 days after the verdict. This gives the U.S. probation officer time to research and prepare a pre-sentence report for the judge. This report is used by the judge to determine punishment for the crime. The judge’s primary goal is to order punishment that is suitable for the crime committed, but no more than needed. Other goals include keeping the community safe, deterring similar crimes in the future, and rehabilitating the individual to prevent them from committing future crimes. The judge also wants to avoid unfair differences in sentences for similar crimes committed by different defendants. Types of punishment can include imprisonment, house arrest, supervised release, substance abuse treatment, counseling, educational training, payment of fines and/or restitution. When assigning the appropriate punishment, the judge uses the advice of U.S. Sentencing Guidelines . These guidelines take into account the seriousness of the offense, and the criminal history of the person. For some types of crimes, there is a mandatory minimum sentence set by federal law. In many cases, there may be a term of imprisonment, followed by a period of supervised release . During that term of release, the offender will be supervised by a U.S. probation officer while living back in the community, and will be required to adhere to various conditions.
What is the most common type of evidence?
Actually, the most common type of evidence is provided by witness testimony . Often witness testimony may be the only evidence presented. It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.
What punishments can a judge give for a similar crime?
Types of punishment can include imprisonment, house arrest, supervised release, substance abuse treatment, counseling, educational training, payment of fines and/or restitution.
What are some examples of expert witnesses?
Physical evidence – Physical objects and documents can be used by either side to prove or disprove issues. An example would be DNA, fingerprints, or a photograph. All witnesses must swear or affirm that their testimony will be truthful.
Why is it important for a defense attorney to represent the wishes of the client?
The Importance of the Client’s Wishes. Defense attorneys must also represent the wishes of their client. If you , as a client, want to plead not guilty, it is your attorney’s responsibility to file that plea and prepare your case accordingly.
What are the responsibilities of a defense attorney?
A Defense Attorney’s Responsibilities. Defense attorneys are responsible for providing a vigorous and competent defense for their clients. If a defense attorney fails in his duties or does not appropriately represent the client, a client can potentially get a mistrial if convicted and sue a defense attorney for malpractice.
Why are defense attorneys important?
A defense attorney aims to help prevent innocent people from going to prison. Defense attorneys also safeguard constitutional protections, ensuring that due process of the law is followed before a person is convicted of a crime.
Can an attorney tell you not to lie?
An attorney can request that you not tell him certain information, so that he will be unaware of whether you are telling the truth or not when you are put on the stand, but he cannot knowingly help you to lie. Defense attorneys must also represent the wishes of their client.
Can a defense attorney tell you what to do?
Your defense attorney may not believe that you have a good case, and he can advise you of his expert opinion, but he cannot tell you what to do and he must represent your interests regardless of whether he agrees with your course of action or not. Defense attorneys must maintain confidentiality in nearly all situations.
Do defense attorneys have to keep their information confidential?
Confidentiality. Defense attorneys must maintain confidentiality in nearly all situations. If you tell your defense attorney where “the bodies are buried” either figuratively or literally, your defense attorney must keep that information secret and cannot disclose it to anyone.
What is the last time the jury hears from the lawyers in a trial?
The last time the jury hears from the lawyers in the trial is called the closing argument. After the lawyers finish their closing arguments, the Judge will instruct the jury on the law and then the case is completely in the jury's "hands." Therefore, closing argument (sometimes called "summation") is the last opportunity for the lawyer to convince the jury that his client's cause is just.
Can a jury learn that a defendant has insurance?
In Florida, there is the unusual rule that it is not permissible for a jury to learn that the defendants have insurance to pay for the damages the jury awards to the plaintiff.
Thirteenth Judicial Circuit, Hillsborough County, Florida
Is Hillsborough 13th Circuit Court a kangaroo court? A kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted".
Hillsborough Court Summary Judgment Scandal
Comparing Hillsborough’s Dismissal rate to other Florida counties#N#Stopa Law Blog#N#Mark P.
Critics: Judge with interest in bank shouldn't hear foreclosures
Critics: Judge with interest in bank shouldn't hear foreclosures#N#The Tampa Tribune#N#by SHANNON BEHNKEN#N#July 21, 2011#N#Henry P. Trawick Jr .: "I think she shouldn't hear foreclosure cases," Trawick said.
Judge Martha J Cook, Star Chamber Proceedings
Star chamber proceedings n. any judicial or quasi-judicial action, trial, or hearing which so grossly violates standards of "due process" that a party appearing in the proceedings (hearing or trial) is denied a fair hearing.
Mark Stopa letter to Judge Martha Cook, July 20, 2011
Note: This post has been removed by the author, and is here for archival purpose only. Another example of the chilling effect on free speech by The Powers That Be - TPTB
HILLSBOROUGH FORECLOSURE COURT- Very Disturbing Numbers, a system gone awry
HILLSBOROUGH FORECLOSURE COURT- Very Disturbing Numbers, a system gone awry
Petition for Writ of Certiorari to the Supreme Court of the United States, Gillespie v. Thirteenth Judicial Circuit FL
Former Florida Gov. Charlie Crist (r) to Scott Rothstein (l): "Scott - You are amazing!"
The Judge
- The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations about the facts in the case, th…
The Lawyers
- The lawyers for each party will either be sitting at the counsel tables facing the bench or be speaking to the judge, a witness, or the jury. Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but do so using approved legal procedures. In criminal cases, one of the lawyers works for the executive branch of the government, which is th…
The Parties
- The parties may or may not be present at the counsel tables with their lawyers. Defendants in criminal cases have a constitutional right to be present. Parties in civil cases may be present if they wish, but are often absent.
The Witnesses
- Witnesses give testimony about the facts in the case that are in dispute. During their testimony, they sit on the witness stand, facing the courtroom. Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government's witnesses, or defense witnesses.
The Courtroom Deputy
- The courtroom deputy, who is usually seated near the judge, administers the oaths to the witnesses, marks the exhibits, and generally helps the judge keep the trial running smoothly.
The Court Reporter
- The court reporter sits near the witness stand and usually types the official record of the trial (everything that is said or introduced into evidence) on a stenographic machine. Federal law requires that a word-for-word record be made of every trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript to r…
Jury Duty
- The most powerful person in the courtroom is a juror. Our judicial system was founded on the idea that the jury, and the jury alone, is the best decider of truth Each juror is charged with the responsibility of sorting through the evidence and finding truth so that there may be justice for those who have suffered a loss. The obligation to sit as a juror is as critical to our country's liber…
Role of The Juror
- The Constitution of the United States of America grants certain powers to the three branches of government, whether the assaults are from a tyrannical government or a giant corporation, our Constitution, steadfastly rises to protect each person's fundamental rights. But the real brilliance of the Constitution of the United States is that it provides additional and specific safeguards bet…
Selecting The Jurors
- The number of people on a jury depends on what kind of case is at issue. Civil cases require six jurors while criminal trials require between six and twelve, depending on the nature of the crime. In all cases, the selection of a jury is one of the first things done in courtroom. The jury is selected by the attorneys on both sides after each are allowed to question prospective the jurors. Some juro…
The Role of The Judge
- The judge is responsible for making sure the court proceedings are orderly, follow the law and are fair. A judge's duties include controlling any and all facets of the trial, including the introduction of evidence, testimony of witnesses, argument of counsel and deciding on questions of law. The judge is an impartial figure; indeed, his role is akin to a referee. That is to try and have a fair trial …
Evidence of Insurance
- In Florida, there is the unusual rule that it is not permissible for a jury to learn that the defendants have insurance to pay for the damages the jury awards to the plaintiff. Although Florida is in the extreme minority of states in which a jury cannot be told that there is insurance, the law is based on the belief that juries cannot be told that there is insurance or how much insurance exists bec…
Medical Testimony
- Medical testimony typically comes from many different persons, not just medical doctors, during a personal injury trial. First, there is the injured's testimony who can best describe the injury, and how it has affected her or him physically and psychologically. There are also witnesses called "lay medical witnesses" who are family, fellow employees, and friends who have been in regular cont…
Expert Witnesses
- Expert witnesses are persons that have more than usual experience, training or education in an area and can help the jury better understand certain aspects of the case. There are many different types of experts that may testify in personal injury trials. Sometimes, there are economists that explain the economic impact of the injury and earning potential over a lifetime. There are also vo…
Costs and Fees
- The Contingency Fee TIn almost every personal injury trial, a "hidden" or unnamed party in the suit is the defendant's insurance company. There is almost always insurance but the laws in Florida do not allow it to be disclosed during trial. The insurance industry is considered politically the most powerful industry in the United States with trillions of dollars in assets. Considering the fact that …
Closing Argument
- The last time the jury hears from the lawyers in the trial is called the closing argument. After the lawyers finish their closing arguments, the Judge will instruct the jury on the law and then the case is completely in the jury's "hands." Therefore, closing argument (sometimes called "summation") is the last opportunity for the lawyer to convince the jury that his client's cause is j…
The Verdict
- After the Judge instructs the jury on the law that applies to the facts that the jury has heard during trial, the jury returns to the jury room; elects a foreperson to moderate discussions; discusses the evidence; and votes deciding the issues in the case. In Florida, the jury's verdict must be agreed to by all 6 jurors. If all 6 cannot agree, the Judge declares a mistrial, and the case will be tried befor…
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