Courts Defendants example essay topic

At the opening of Court, the Court first calls for excuses, and the jurors who feel that they have a valid legal excuses for absence tell the judge the reason why they feel that they should not be required to serve in the particular case or cases. The judge will then listen to each excuse and make his ruling immediately. An excuse of sever illness in ones family, requiring presence at home will generally be sustained, while the fact that a juror had tickets to the theater or to a baseball game will not be valid. If a juror is engaged in his own business, and the call to jury duty comes at his busiest season of the year, he may be excused from the particular panel, without prejudice to the right of the Court to call him at a later date. Each excuse will stand on its own merit, and will be determined on the circumstances of the particular juror. After the excuses have been disposed of, the jurors will be called to the witness stand or to the jury box to be examined under oath with respect to their fitness and qualifications to serve as jurors in the case about to be tried.

This preliminary examination, at the trial, is referred to as the voir dire examination. It usually covers all matters, which tend to affect the ability of the juror to serve in the case, such as friend ship or hostility to either of the parties, personal acquaintance with one of the prospective witnesses, or an aversion to the type of case being tried. In some states each juror is placed in the witness chair, and after being sworn to answer truthfully the questions asked of him, is interrogated, and at times is furnished with information which will enable him to answer the questions asked of him. In other jurisdiction, twelve jurors are placed in the jury box simultaneously, and are then questioned. In most state courts the lawyer for the opposing side conducts the examination, and asks the questions, and the lawyers are free to suggest to the judge questions to be asked of particular jurors, or of the panel in general. 4.

There are several significant steps in any misdemeanor case. The first court hearing is usually an "arraignment". This is when the judge formally gives the defendant notice of the charges. Some individuals who are arrested are still in jail when they appear for arraignment; this is called an "in-custody" arraignment.

Often, the courts hear all the in-custody arraignments at the same time because it is more convenient for jail personnel. The courts schedule (docket) is a public record and should be publicly posted at the courthouse. If one is not posted, you should ask the court clerk for the schedule. At the arraignment, the judge will give the defendants formal notice of the charges against them. This may take the form of just stating the name of the offense, or the judge may read the entire "complaint" or "citation". The defendant should be advised of various constitutional rights and given the opportunity to make choices.

In some courts defendants are advised of their rights by being given a written form. In other courts the judge orally reads these rights to a group of defendants, or to each defendant individually. It is important to find out whether such an advisement of rights form is being given to defendants. You may hear the judge refer to one, but even if you dont hear such a form mentioned, you should ask the court clerk where you can pick up such a form. The form will be available somewhere in or just outside the courtroom, or perhaps in the court clerks office. If no form is used, please note that on your observation checklist.

The best way to protect a defendants rights is for him or her to be represented by an attorney at the arraignment (either obtained by the defendant him or herself, or appointed by the court), enter a not guilty plea, and ask for a jury trial. These decisions can always be changed later, after the defendant and his or her attorney have a chance to review the evidence, investigate the facts, and speak with the prosecutor. Defendants who waive their right to an attorney and enter a guilty plea at arraignment are usually doing so without knowing much about the case, without knowing the range of options, and without full knowledge of the consequences of a conviction. For example, many misdemeanor convictions cannot be erased from a persons record and may impair the persons ability to get a job. If any of the court proceedings you witness do not follow these required steps, make sure to mark it on your observation form where indicated. This information is critical for us in knowing whether and how defendants rights are being violated during arraignment.

Defendants have the right to an attorney to assist them at the arraignment. They are not supposed to proceed without an attorney unless the judge has determined that they understand the seriousness of the charge, the possible minimum and maximum sentence, and "the risks of self-representation". The judge is supposed to engage in a discussion with the defendant about all of these subjects before the defendant is allowed to proceed without a lawyer. Some judges improperly omit discussion of the "risks of self-representation". We are asking you to observe whether this discussion occurs or not. Whether or not a defendant has an attorney at arraignment, the right to a jury trial is supposed to be preserved, unless the defendant expressly decides to waive that right.

The judge should not assume that the right has been waived simply because the defendant doesnt initiate a discussion about a jury trial. Some judges advise defendants of the right to a jury trial, either on a written form or by orally telling the defendant about this right, but do not require that a written waiver of jury trial be signed. Signing a written form is the preferred practice. If a defendant decides to plead guilty at arraignment, the judge is obligated to follow certain rules to make sure that the plea is "knowing, voluntary and intelligent". The judge is supposed to make sure that the defendant knows his or her rights, wants to give them up (waive them), knows the elements of the offense (what must be proven for conviction), and knows the consequences of the plea (minimum and maximum sentences). The judge is also supposed to make sure there is evidence that would support conviction (this is called the "factual basis" for the plea).

Some judges have been using short cuts instead of the full process required by the rules for guilty pleas.