Post on 02-Feb-2016
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Anatomy of a Criminal Trial
West Melbourne Police DepartmentCitizen’s Academy
Court Night
Judge David E. SilvermanJudge Rhonda Babb
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Judge T. Mitchell Barlow, Jr.
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How does the case get started?
Arrest Probable cause Warrant Capias
Notice to Appear Traffic Citation Summons Ordinance Violation
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What Court will the case be in?
Circuit Court Felonies
More than 1yr prison / 5yr - $5,000 fine Murder, Sexual Battery, Robbery, Burglary, Drugs HTO DWLSR, 3rd Petit Theft, Battery or DUI
County Court Misdemeanors
1yr or less jail / $1000 (not traffic infractions) DUI, Battery, Theft, Resisting Arrest
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What happens at first appearance?
Within 24 Hours Release by schedule bond or PTR Video or Live Judge’s Role:
Advise defendants Determine probable cause Appoint counsel Set reasonable bond
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How does the judge set bail?
Presumption for non-monetary release Exception for violent offenses
Criteria for bond Nature of offense Prior criminal history Legal constraint Community ties Health condition
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When will the trial be held?
Statute of limitations Constitutional speedy trial Speedy trial rule
Felonies – 180 days Misdemeanors – 90 days
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What is a motion to suppress?
Motions to suppress based on unlawful Detention Search or seizure Acquisition of statements
Motions in Limine Relevance Hearsay
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How are jurors selected?
Random selection Driver’s license and voter registration Jury districts
Legal disqualification Absolute disqualification – Non-citizens,
convicted felons Excuse if requested – Pregnant, over 70
Discretionary excusals – hardship or inconvenience
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What is voir dire?
Preliminary questioning by Court Ability to serve Scheduling problems
Questioning by counsel Information and indoctrination Experiences, feelings and opinions Separate questioning
Challenges Cause Peremptory
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How is a trial conducted?
Jury Selection Preliminary Instructions Opening Statements Witnesses and Exhibits
Examination Cross-Examination
Closing Arguments Instructions on Law Jury Deliberations
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What mistakes do witnesses make?
Common problems Intimidated witness Run-on witness Advocate witness
Opinions Adverse facts
Defensive witness Argumentative witness Accommodating witness
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What is improper argument?
Opening Statement Closing Argument
Questions and lawyer’s statements - not evidence
Argument – highlight facts and fair inferences
Character attacks, facts not in evidence Mischaracterizing the law Comments on silence – burden shifting
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How does the judge sentence?
Plea Bargain Felony
Sentencing guidelines Level of the offense, additional offenses, prior
criminal history, legal constraint, victim injury Downward departures
Capital cases Sentencing hearing - Advisory verdict Aggravating – mitigating circumstances
Overriding the verdict Misdemeanor
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What will the sentence be? Incarceration
Mandatory terms, enhanced maximums for habitual offender, firearm use, prison releasee, drug trafficking, capital
Fine and costs Probation
Rehabilitation -- classes and counseling, community service, drug testing
Community Control
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What about an appeal?
Motions Judgment of acquittal New trial Mitigation
Appeal Next level Capital appeals Supersedeas bond
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Thank you for attending our presentation.