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Highlands Ranch High School - Mr. Sedivy
Highlands Ranch, Colorado
American Government
- Characteristics of a Trial -
Officers of the Court
The Jury, Evidence, Verdict
Officers
of The Court
JUDGE
Elected by the voters or appointed by the governor of the state. Vested
with the authority to listen to and decide questions of criminal and
civil law. The judge supervises the trial and bears the responsibility
that the parties receive a fair trial.
MUNICIPAL COURT COMMISSIONER
An attorney appointed by a majority vote of the municipal court judges
to perform "subordinate" judicial duties (e.g., hear and
determine a small claims case, conduct arraignment proceedings, as
a traffic referee, marriages, etc.)
JUVENILE COURT REFEREE
An attorney appointed by the Presiding Judge of the Superior Court
to serve on a full- or part-time basis. A referee hears and determines
juvenile matters.
ATTORNEY
A person licensed to practice law. Employed privately by individuals
or business entities or by the government (offices of the Attorney
General, District Attorney, Public Defender, or County Counsel) to
prepare and present cases.
In a criminal case, the people of the state of Colorado are represented-sentenced
by the District Attorney or the Attorney General's Office. They present
evidence and must prove the defendant guilty beyond a reasonable doubt.
The accused may: 1) retain (at his/her own expense) a private attorney;
2) be represented by an attorney from the Office of the Public Defender,
if s/he does not have sufficient funds to hire an attorney; or 3)
request that the Court appoint a private defense attorney in the event
that the Public Defender is for any reason disqualified. An accused
person may choose to represent him/her-self, but can ask the Court
to appoint an attorney to assist him/her in presenting his/her case
if s/he cannot afford his/her own. However, an attorney may not be
forced to be co-counsel.
In civil cases, usually each party will hire his/her own attorney,
but s/he may represent him/herself.
PROBATION OFFICER
An officer of the Court assigned to enforce and monitor terms of formal
probation ordered by the Court. S/he is also mandated to prepare pre-sentence
reports and recommendations in accordance with Colorado Penal Code
and the Judicial Council rules. In certain jurisdictions, the probation
officer appears in Court as a representative of the probation department
to offer reports and recommendations. She/he is usually of probation
hearings.
COURT CLERK
Handles administrative functions of the courtroom. Maintains a court
file of each case; administers the oath to witnesses, jurors, bailiff
and court interpreters; marks, records and stores exhibits presented
to the Court; and maintains by minute order the records of the Court
proceeding(s).
COURT REPORTER
Maintains an official verbatim record of the Court proceedings (must
be present at all felony criminal, juvenile and some civil cases).
Prepares written transcripts upon request.
BAILIFF
Usually a deputy sheriff, deputy marshal or correctional officer responsible
for keeping order in the courtroom. S/he has custody of the jury during
its deliberation(s).
CHARACTERISTICS
OF A TRIAL
In a Criminal Case:
The defendant(s) may give up his/her right to be tried by a jury.
The defendant is only entitled to a jury trial if s/he can receive
a jail or prison sentence.
If and only if the prosecutor agrees, a judge will hear the evidence
and decide the case.
In a Civil Case (e.g., marital dissolutions, probate, injunctions,
contract disputes, personal injury matters and juvenile cases):
Court hearings are decided by a judge and not a jury.
In some civil cases, where the plaintiff or victim is seeking a money
judgment for damages or where mental competency is at issue, the parties
may elect to have their case decided by either a judge or a jury.
A TRIAL WITH A JURY
In a Criminal Case, the Jury:
Hears the evidence.
Decides issues of fact.
Decides whether the defendant is guilty or not guilty of the charges
filed by the district attorney.
In a case where a reasonable doubt exists in the jury's mind, they
will return a verdict of "not guilty."
If the jury does not reach a verdict: 1) the Court will declare a
mistrial, or upon its own motion, dismiss the case in the interest
of justice; 2) the case may be dismissed by the district attorney;
or 3) the defendant may be tried by another jury at the discretion
of the district attorney.
In a Civil Case, the Jury Determines:
If the plaintiff has been damaged or wronged by the action(s)
of the defendant(s).
This determination must include three (3) basic issues: liability,
proximate cause and damages, which must be proved by a preponderance
of the evidence.
The amount of money or damages to be awarded to the victim.
You must note that a finding of liability must precede the ascertainment
of damages.
The mental competence of the respondent party
to care for him/herself.
HOW THE JURY IS SELECTED
The Jury:
Consists of twelve (12) fair and impartial citizens. However, the
parties can stipulate to a fewer number of jurors. Also, one (1) or
more alternate jurors may be selected.
Is selected by the attorneys and the judge.
Is sworn by the court clerk to try the case.
Receives instructions from the judge on the law and their duties as
jurors.
HOW THE OATH IS TAKEN
Give the clerk your undivided attention when being sworn.
Do not raise your hand to take the oath until requested to do so by
the clerk.
Maintain the dignity of the Court.
Avoid joking around.
Avoid off-handed remarks.
NOTE: The Oath that you will take as a witness to testify
in a case will closely resemble the following: "You do solemnly
swear that the testimony you shall give in this
cause now before the Court, to be the truth, the whole truth and nothing
but the truth."
HOW THE EVIDENCE IS PRESENTED
The attorneys for both sides make an opening statement detailing what
their evidence will show.
The district attorney (or the plaintiffs attorney in a civil case)
will go first because s/he has the burden of proving his/her case.
Evidence that the attorneys present may often include:
Witness testimony offered from anyone who has personal knowledge of
facts.
Exhibits such as drugs, broken chair, burglary tools, weapons, pictures
or documents.
Stipulations offered by all the attorneys to accept certain facts
as evidence without further proof in order to reduce the amount of
trial time.
When all the evidence has been submitted to the Court the attorneys
sum up the case, as they see it, to the jury. This is called a closing
argument.
It gives the attorneys a chance to try to persuade the jury panel
to decide the case in their client's favor.
The district attorney (or the plaintiffs attorney in a civil case)
will argue the case to the jury first, and last
in rebuttal, because s/he has the burden of proving their case.
HOW THE VERDICT IS REACHED
The Jury
Is instructed by the judge on the law.
Retires to deliberate by applying the law to the facts of the case.
In a Criminal Case:
All twelve (12) jurors must agree that guilt has been established
"beyond a reasonable doubt."
In a Civil Case:
It only takes three-fourths of the jurors to reach a verdict based
upon a preponderance of the evidence.
Back to the top of page
Trial and Judicial System Information
Officers of the Court
/ Characteristics of a Trial
Courtroom Demeanor / How to Dress for Court
Testifying in Court - The DOs and DON'Ts
Trial Tactics and Tricks Used by Attorneys
Common Trial Objections During Testimony
Courtroom Definitions
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Version of Info Above)
Class Activity
The Trial of Goldilocks
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