Handbook for Litigants in Person - Courts and Tribunals Judiciary
Courts, The Judiciary, Prosecution and Defense. Courts What is the court process intended to do?
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Transcript of Courts, The Judiciary, Prosecution and Defense. Courts What is the court process intended to do?
VA Court System OverviewVA Court System Overview
• General District Court• Juvenile and Domestic Relations Court• Circuit Court• Court of Appeals• Virginia Supreme Court
Court CaseloadsCourt Caseloads
The U.S. Constitution specifies the right to a speedy trial.– Does this occur?
– Is it fair to the accused if trial is not speedy?
– Is it fair to the public if criminals are able to manipulate court dockets to obtain delays?
Court CaseloadsCourt Caseloads
Causes of Case Delays– Pretrial motions– Evidentiary delays– Case “ripeness”
Delays while clients earn defense attorney fees
Judicial InfluenceJudicial Influence
Judges influence extends beyond court.– Police
– Prosecutor
– Probation Departments
Judicial BiasJudicial Bias
Types of Judicial Bias– Race– Gender– Class– Educational Level– Military Background– Religious Background
Judicial BiasJudicial Bias
Examples of Judicial Bias– Judge Guerry and Judge Ryan– Two Judges held out re: appointment– Rape case: Caught in the act– Over 1000 admitted forcible rapes
Prosecution and DefenseProsecution and Defense
Basic Principles– Innocent until proven guilty– Guilt beyond reasonable doubt
Prosecution and DefenseProsecution and Defense
Prosecutorial Bias– Federal Prosecutors
– State Prosecutors
Prosecution and DefenseProsecution and Defense
Prosecutorial Bias– Federal Prosecutors and State Prosecutors
Prosecution and DefenseProsecution and Defense
Prosecutorial Bias– Examples:
Self-Serving Bias:
Honest Misguided Bias:
Prosecution and DefenseProsecution and Defense
Defense Ethics– Is it acceptable to cross-examine for the purpose of
discrediting a witness who you know to be telling the truth?
– Is it acceptable to put a witness on the stand when you know he will commit perjury?
– Is it acceptable to give a client legal advice when you believe he will use it to commit perjury?
Prosecution and DefenseProsecution and Defense
The Right to Counsel– Should the public have to pay for counsel for
indigent persons?
– Should the public have to pay for counsel for obviously guilty persons?
Prosecution and DefenseProsecution and Defense
Defense Attorney Competence– High paid top firms– New attorneys fresh from law school– Wide range of abilities and experience
Prosecution and DefenseProsecution and Defense
What is competent representation?– Reasonable Competence Standard