By now, you have all selected a role for the mock crime/trial project for this semester.
What is your role? Why did you choose it? What considerations did you take into account when deciding on a role? What do you know about your role (in the real world), right now?
Next, spend 15-30 minutes, browsing around the internet looking for information about your role. Read and review whatever you'd like, but when you report on what you find (below), please rely on quality sources that you believe have some credibility.
Now report on what you know now about your role. List your sources (links to the sites you read).
My role in our trial is a Prosecuting Attorney. I chose this role because I am hoping to get into law school in the next few years. Although I am not sure that I would like to be a criminal attorney, I think that this will be a great experience. As of right now, I know that the prosecuting attorney is the lawyer that works for the government and wants to charge someone with a crime.
After some research I have found the following information regarding the job description of a Prosecutor:
Prosecutors work on different levels. District Attorneys work on the county level, State Attorney General Offices work on the state level, and Federal Attorneys work on the national level. Lawyers working for the District Attorneys office usually start working on smaller misdemeanor cases and work their way up to larger felony cases. State Attorney General Offices usually prosecute defendants in cases that are statewide and also help with cases on local levels. Federal Attorneys work either in U.S Attorney offices around the United States or for the U.S. Department of Justice.
http://www.legalauthority.com/articles/70011/Public-Defender-and-Prosecutor-Jobs
The main role of a prosecuting attorney is to represent the government in a court of law and prove that the defendant is guilty of a crime as charged. They are also responsible for upholding the constitution, protecting justice, and holding criminals responsible for their actions. Before the trial even begins, the prosecutor must collect all evidence and information in order to make a legitimate case against the defendant. Many times, cases do not even go to trial because of plea bargains. This is a process in which the prosecutor makes concession to the defendant such as a lighter sentence in exchange for the defendant's guilty plea. If the case does go to trial, the prosecutor asks the potential jurors questions and determines which jurors would be best for their side of the case.
http://www.america.gov/st/usg-english/2009/July/20090706174555ebyessedo0.8992731.html
The salary range for prosecutors is quite broad. Experienced prosecutors can earn more than $100,000 a year.
http://criminaljusticeonlineblog.com/prosecutor-career/
My role is the defense attorney. I didn’t choose to be a defense attorney, but I think that it could be fun. I don’t know that much about being a defense attorney. What I know is what I have seen in movies and television shows. I have also had stories told to me. I know that there are some bargains made between the defense and prosecutor. Really the main thing I know is that the defense attorney defends the accused, and tries to do what is best for his or her client.
After my research I have found some information that has helped me better understand what it is that I will be doing in the mock trial.
In this article written by a defense attorney I was able to learn some motives people have for being a defense attorney like “sticking it to the man.” I was able to relate to this article and that actually has given me something to look forward to when it gets to my part of defending the accused. In this article the man said that he does thinks of himself as the underdog and is very competitive, which I think will be how I am when it comes down to it. I will be the one who is competitive and doesn’t want to lose.
http://koehlerlaw.net/2010/09/on-bedtime-stories-how-criminal-defense-attorneys-explain-what-they-do-to-their-children/
This article gave me information that told me what different types of crime defense attorneys could cover. Crimes like driving under the influence, possession of illegal narcotics, domestic violence, white collar conspiracy, drug conspiracy, and robbery are what some criminal defense attorneys will represent someone for. Your clients can either seek you out or they can be appointed to you by the court. I found out that defense attorneys can be paid by either the client or the government. Salaries for criminal defense attorneys are usually based on a flat fee, but appointed attorneys can get paid by the case of per hour.
http://blogs.payscale.com/salarystories/2007/09/criminal-defens.html
Defense attorneys work at least 40 hours a week, but are known to work more than that. They also may have to work late evenings or weekends depending on the client. The job requirements are according to the U.S. Bureau of labor Statistics are that all criminal defense attorneys need to be licensed with the state, and be admitted in the Bar Association.
http://education-portal.com/articles/Criminal_Defense_Lawyer_Job_Description_and_Requirements.html
My role is that of a defense lawyer. I chose this role for several reasons. I have been involved in the Iowa Bar Association's mock trial program since middle school. I have competed in 7 total cases: 3 civil cases, and 4 criminal cases. I have played every role available witness, expert witness, defendant, defense attorney and prosecution attorney. I have always enjoyed the role of the defense attorney because I enjoy poking holes into others story and always being the bringer of doubt. I also enjoy how much of the defense is extemporaneous in style, because one must react to what the other side has said. I have quiet a bit of real world knowledge on my role from my previous mock trial experience. The role of the defense attorney is to help the defendant defend him/her self. The defense attorney upholds, that a person is innocent until proven guilty. In a criminal case the burden of proof rests upon the prosecution who must prove the defendant is guilty beyond a reasonable doubt. So a defense attorney must expose the flaw in the prosecution case by showing reasonable doubt. A defense attorney may also have a burden of proof, if the defendant is entering an insanity plea. In this type of case, the attorney would need an expect witness qualified to diagnose a mental illness. The attorney in this case must prove how this the defendant was not in the right state of mind when committing a crime, or could not comprehend their actions beyond preponderance of the evidence.
During my research I found an article I found to be quiet interesting entitled The Role of the Defense Attorney: Not Just an Advocate by Roberta K. Flowers. http://moritzlaw.osu.edu/osjcl/Articles/Volume7_2/Flowers-FinalPDF.pdf
This article argues that a defense attorney has three main roles: Role of Advocate, Officer of the Court, and Minister of Justice. The first role of advocate is described as serving “as the accused’s counselor and advocate with courage and devotion and to render effective, quality representation.” Officer of the court job is "to make decisions that reflect respect for the truth-seeking function of the trial process." The officer of justice "duty places an affirmative responsibility on all attorneys to appreciate justice as a core value of our system."
This was article helped expose a different way to view my role. I found it helpful. The article was based on Model Rules of Professional Conduct, which was a little hard to understand due to all the legal jargon but the article explained some of the rules in a more simple and easier to understand way.
My role for the trial is a member of the jury. Mostly, I chose this role because I have a busy semester and do not know how much time I would be able to spend doing a lot of extra assignments. I think it would have been fun to be a CSI or a prosecuting attorney, but ultimately chose to be a jury member because of the time commitment.
What I know as of now of the jury, it that they are the ones who make the decision of whether the perpetrator is guilty or innocent. The attorneys present their case and the jury listens and makes a verdict at the end of the trial. I also know that there are jury selections. The selections are to rule out people who possibly know the defendant or know certain information that would impact their ruling in the court.
This website I found states that jurors are like judges. The judge has the authority to say which evidence is going to be allowed in the trial and which evidence is not allowed. But it is the jury who has the final say of guilty or innocent. The website also discussed how members of the jury have to all agree on a verdict. If even one member does not agree, then the jury is "hung." Therefore, a guilty verdict can not be made. There are times when a few jurors do not agree, but through persuasion by some other well-spoken jurors, they change their mind.
The next website I used discussed that they jury may take notes during the trial. The judge gives them instructions and they must use that and only the evidence provided to them to make their final decision. Once they jury members are deliberating, they may ask for a repeat of a law or some part of evidence. In that case, the judge will explain that part to them. After the explanation, they will continue to deliberate. I was unaware that they could ask for clarification of any law or for a repeat of some of the evidence.
http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/DFA2D24C4A929DD880257044004FC053
http://www.sundaylaw.net/books/other/standish/liberty/litb04.htm
The role I chose for the mock crime is the sketch artist. Originally this was not one of my top picks but nevertheless I have become excited and interested in taking on this role. I eventually chose to take on this position because I’m interested in the type of software they use to create the images. I am also interested to see what other roles the sketch artists can take on in a crime. For example, I’m not sure whether they are called on to testify. It will be interesting to see how closely the image I create resembles the actual perpetrator.
All I know about sketch artists comes from the media and TV shows. I am assuming that they interview eyewitnesses and collect data on the perpetrators facial features, race, height, age etc. From this information they use a special software system to reconstruct a close image of how the perpetrator looks.
After searching the internet for more information on sketch artists, I have learned the following:
Sketch artists do not need to hold a four year college degree let alone have any experience. There is some training involved however, but you do not need to have experience to be enrolled in a “forensic art” class. In fact, some say that those who take these classes and have no experience are actually better and easier to train. If someone desires to be a sketch artist they should have a strong desire to learn, the ability to empathize with others, a willingness to help others, ability to keep an opened mind, and possibly most importantly they should have good interviewing skills. This site also mentions that full-time forensic art positions are very rare mostly due to an agency’s budget.
http://www.forensicartist.com/questions.html
I also learned that there are many kinds of sketch artists. I believe that my role will be to simply reconstruct the perpetrators face; however there is such a thing as a Courtroom Sketch Artist. These artists provide a visual representation of a trial when cameras are not allowed within the courtroom. This is the case in some high-profile crimes such as ones that involve celebrities. It’s very important that you draw fast in this position. You must also be able to capture the key moments of case so that the trial is well represented.
http://www.insidejobs.com/jobs/courtroom-sketch-artist
The average salary of a forensic artist is $43,000. Across the United States there is a strong variation among salaries depending on location and company. Los Angeles has the highest paying sketch artists and Atlanta, GA has the lowest paid sketch artists.
http://www.salaryexpert.com/index.cfm?fuseaction=browse.forensic-artist-salary-data-details&cityid=300&positionid=63862
The role I chose for the trial is a jury member. I chose this for a number of reasons. 1) I don't really enjoy public speaking that much. 2) The time commitment the other roles seem to require did not fit my semester with my course schedule. 3) I have never been called for jury duty, so I thought it would be a new experience.
I do not know a lot of detailed information about the jury. What I do know is that they listen to the case as presented by the attorneys and make a decision of if the person is guilty or innocent.
I gained a lot of information from my search on the internet. I learned that jurors are randomly selected (by computers). The jurors that are randomly selected then go through a further selection process to see if they may have any predjudice or bias associated with the trial they will serve for.
One website provided information that after closing statements, the judge will tell the jurors what it is to consider and what law applies to the case. If the jury members don't agree on what the judge meant or said, they can ask for more details. The jury is the then deliberate and come up with a verdict. One person is selected among the jurors to look over the deliberation to make sure everyone can express their opinions.
I also learned that there are ways that people can be excused from jury service. Also, in Iowa, jurors receive $30 a day and can receive reimbursement for travel and parking fees. After seven days of service, jurors recieve $50 per day.
Finally, I did not know that if an employer tries to coerce, threaten, or fire an employee they can be subject to contempt of court. I just figured they had to accept it.
http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/DFA2D24C4A929DD880257044004FC053
http://www.state.wv.us/wvsca/juryinfo/juryhdbk.htm
http://www.iowacourts.gov/Jury_Service/Frequently_Asked_Questions/
My role is a crime scene investigator. Although this role was not my first pick, I chose it because I have always been interested in what CSIs do. I have been watching crime shows such as CSI since I was a kid. I have always thought it would be fun to walk a day in the shoes of a CSI, and with this role I will have the opportunity to do so. What I know about CSIs in the real world is fairly limited because I know that a lot of what I see on t.v. isn’t accurate. I do know that crime scene investigators process the crime scene, which means taking a lot of pictures and gathering evidence. They then have to evaluate the evidence through tests to match things such as hair, blood, and fingerprints to the victim(s) or perpetrator.
Through research on the internet I learned many different things about my role:
Crime scene investigators may deal with various crimes such as rape, homicide, armed robberies, and burglaries. They often have specific office hours in which they are fulfilling the daily tasks of the job, while outside hours are required of the investigator to be on standby for service. They are also required to attend to emergency calls 24 hours a day. http://www.feinc.net/csi-desc.htm
The CSI documents the crime scene and collects all physical evidence. Photos and notes detailed the condition of the crime scene upon arrival are very important. Investigators have also been known to use sketches and videos to help document this. It isn’t until after the entire crime scene has been documented and secured in its initial condition that a CSI begins to collect the evidence. The process involved is often very tedious and must be performed with great care as to keep from disturbing or contaminating the evidence and crime scene. As evidence is collected it must be tagged, logged, and packaged in a way to ensure that it can be transported safely back to the lab. The lab will then process all of the information and send the results to the detective in charge of the case. The goal of collecting and reporting upon the evidence is to attempt to recreate the crime. This may help in finding a suspect and prosecution in trial if the case makes it that far. http://science.howstuffworks.com/csi3.htm
Crime scene investigators have to use specific, organized approaches to do their jobs successfully. A college degree with knowledge of computers, drafting, and photography is preferred for potential investigators. Potential CSIs are also encouraged to visit a morgue or trauma center to see if they are truly equipped for the sometimes gruesome aspects of the job. Most employers will assign the new CSI to a period of on the job training with an experienced field officer. It is during this time that the CSI will learn most of what will be required for employment when in the field. http://www.crime-scene-investigator.net/dutydescription.html
The role I chose for the case that our class will be dealing with this semester was the role of the judge. There are a couple of different reasons for why I chose this particular role. First, I wanted to take on some primary responsibility in the courtroom, whether that be in fufilling the role of either sides of attorneys or the presiding judge. Furthermore, one of my major career goals is to achieve the title and honor of becoming a judge after practicing law for so many given years. Finally, I believe my skill set will mesh perfectly with the responsibilities required for the role of the judge. I am fortunate enough to have been able to observe several judges in the past during actual court proceedings. At this point I know that judges serve on all types of trial proceedings, both civil and criminal, and occassionally the judge is solely responsible for deciding a case without the prescense of attorneys.
After visiting several website I have gained a broader understanding of the role and responsibilities the judges are accountable for in the courtroom. This information will certainly be helpful to me as I prepare for my role in the future.
The first webpage gave me some good understanding as to the judges particular place in the court proceeding. For instance, the judge is responsible for making unbiased decisions that reflect their reaction to the opposing attorneys cases and their personal knowledge of the law. The judge is known as the "trier of fact" in less serious cases (under 5 year sentence), which means they are responsible for deciding what witnesses and evidence should be admitted to the case. Additionally, in civil cases judges determine the validity of a plaintiff's claim, and finalize damages. This webpage offered a concise and helpful description of a judge's roles.
http://www.cscja-acjcs.ca/role_of_judge-en.asp?l=5
In a civil law case the judge has certain specific tasks to complete. Judge's are responsible for establishing all the prominent facts of the case and addressing the specific codes of law that are related. In almost every civil case the judge will declare the charges and make the final ruling independently. However, this decision always parrallels the standard codes and laws of that court district. This page identified major points of a the judge's role in civil law.
http://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html
Judges are highly qualified members of the legal system. To become a judge it is necessary to have successfully completed law school and practiced law as either an defense or prosecuting attorney. Generally, it is usually required to have practiced law for an extended period of time before becoming a judge. Being appointed to a highly esteemed federal judgeship positions requires the successful completion of a competitive examination administered by the U.S. Office of Personnel Management. The road to becoming an honorably appointed judge within the United States court system is long and arduous, however the result is rewarding both financially and prestigiously.
http://www.bls.gov/oco/ocos272.htm
I chose to take on the role of the profiler. I decided this was the role I wanted because profiling is something that interests me. I am a psychology/sociology double major, so it's right up my alley. At this time, I don't know a whole lot about it. I've seen the movie, "The Silence of the Lambs", but I also know that movies and tv shows often do not get a lot accurate. The extent of things I do know to be true are that profilers interact with people involved in a case, probably the victims and suspects, to try and come up with any answers to questions attorneys, the judge, etc. may have about the person's condition. Other than that, I don't really have a thorough job description for them.
One thing I learned about a profiler is that, while typically used at FBI level, they don't actually call them "profilers". The jobs associated with a profiler are performed by Supervisory Special Agents. And although it is a fun job, it's tough to get. You can't just apply to be one. The FBI requires at least 3 years of field experience first, and most have even more experience before that elsewhere. "Profilers" also don't have above average abilities to tell the future and make predictions, their jobs take research, experience, and requires them to have knowledge about criminal behaviors. People in this position do however get to construct a profile about an unknown offenders in a case. Offering what they think is a good description of the type of person the offender may be.
Another thing I learned is that you aren't automatically assigned to be in a position with the NCAVC, that is, the National Center for the Analysis of Violent Crime, and that experience is often favored over degrees. Staff members are also encouraged to take classes and go to conferences that will increase their abilities to make them more educated on their position throughout the time they hold it.
Two books were also provided on the website that I used that look helpful and very interesting. They are "FBI Careers", which goes through all the different opportunities and the benefits of being with the agency. The second is "Criminal Profiling from Crime Scene Analysis", which gives you more information on serial killers and criminal profiling.
This is the site I used. http://www.all-about-forensic-psychology.com/fbi-profiler.html
I found it to be informative and useful in my research on criminal profiling. I now feel I have a better understanding of what a profiler does and what it realistically is like to be one.
My role for this semester is that of the eye witness. I chose this role for a few reasons. First off, I thought it would be cool to be one of the few to have actually witness the crime. I also chose eye witness because I have a pretty food memory and I believe I will be able to recall the details accurately. Finally I chose this role because of all the roles it sounds to be one with fun, light work involved. I had originally wanted to choose profiler or sketch artist but the thought of going to the stand swayed me. I took into account the time each of those three would probably take on my part and though all three didn't seem to be too time constraining, eye witness defintely seemed the least of the three.
During my research I found out that there is a lot of pressure on eye witnesses that I was unaware of. In movies most people were reluctant to testify against a powerful or dangerous criminal and , up until now, I always guessed that was from fear of their safety. I discovered that it seems more often than not that eye witness testimonies are taken very lightly on account of multiple factors that may or may not obstruct the witness's memories. Things like anxiety and stress proved in tests that memories failed in higher stress conditions, however in a real crime stress would be even higher, in which was proved in such real life situations that the witness's memory was even more accurate. This was true even after a 5 month period of questioning along with trick questions thrown in to get the witnesses off track, but to no avail. Also pressures from the jury , judge, and attorneys seem to weigh unecessarily upon the witness. Meaning that in my own mind, when a person is sworn in everything should be recounted as truth, however people do lie and memory is not a video recording. There is a lot of pressure on the witness to recall accurately the events in question. They are the only one who saw the crime and everyone who makes a decision is relying upon their word and their memory, which is obvious enough, but it was not a prevelant to me as I thought before. I also found out that religous beliefs and paranormal beliefs play a huge role as well. There are people who, when they cannot understand something, may result in calling it a miracle, act of God, demonic work, ghost and etc. behind the unexplainable event. Real or not, the court at most times cannot take these accounts seriously, not on the fact that they those involved in the case are not god-fearing men and women but that in the justice system, proof is a necessity. One cannot be found guilty with heresay. In short, the court has no choice but to disregard those such accounts, most of the time. There are few exceptions that i bet would be made in certain circumstances. Through this research I also noticed that an eye witness testimony is not truth nor lie but instead "evidence of what the witness believes to have occurred. It may or may not tell what actually happened." The testimony lies in a person's already formed schemas.
http://atheism.about.com/od/parapsychology/a/eyewitness.htm
http://www.simplypsychology.org/eyewitness-testimony.html
As I said in Monday’s post, I’m a huge fan of the show “Bones”. Therefore I actually would have been happy playing several different roles. I finally decided on being a character witness because I believe that will be the most fun. I acted a lot in high school and it is one thing I wish I would have done more in college. So I thought this way being a character witness I could get a little taste of acting. From what I’ve seen in movies and on television, character witnesses are to help bring a more personable aspect of the trial to the jury. Character witnesses on the prosecuting side can make a jury feel sympathy for the victim and on the defense side make a jury question whether the defendant is capable of what he or she is being accused of doing.
http://www.torontocriminaldefence.com/articles/EpZuVVupVVUelCeYDy.php
The above website explains why a character witness is important for defense. I about hit it on the head: the character witness is there to prove your reputation of honor and integrity and disprove your reputation of criminal behavior. Character witnesses must be reliable themselves, which makes sense. You wouldn’t want your character witness to have a criminal record themselves, so it is important to have someone who’s reliable with a clean record. The goal of the defendant’s character witness is to raise reasonable doubt in the jury.
The websites below give a good, general overview of what a character witness is. It was easy to find websites on character witnesses for the defense, harder to find ones for the prosecuting side. When I did find information, it was a lot like what I thought a character witness to be for the prosecuting side. However, sometimes there are character witnesses for the victim on the defense side. Sometimes a character witness’ role is to testify on the poor reputation of the victim, making the jury believe that he or she “deserved it”. Overall, I am even more excited than what I already was to play a character witness in our mock trial.
http://definitions.uslegal.com/c/character-witness/
http://legal-dictionary.thefreedictionary.com/character+witness
My role is a Police officer. I choose it because the police officers are the first at the scene of the crime and I thought it would be pretty cool to see the crime scene and try to figure out what's going on. I know what most everyone knows about police officers, they serve and protect the citizens. They handle any kind of situations from giving speeding tickets to in this case being the first to a crime scene.
http://www.bls.gov/k12/law01.htm
Police officers catch criminals, collect evidence, enforce laws, and sometimes testify in court. Police officers use a variety of transportation some are on foot, drive cars, ride horses, motorcycles, or bicycles.
http://www.criminaljusticeusa.com/police-officer.html
Most police officers work in towns or cities but deputies have authority in rural areas where there isn't a police department. In a bigger city with more police the officers are more specialized, but in areas with smaller populations with fewer officers the officers have to be ready for any kind of situation. Police officers must have some writing skills to write descriptive reports for the court. On average a police officer makes between $22,000 and $26,000 annually. However, after 6 years of being a police officer the average salary is $34,000 and as the police officer gains more experience their salary goes up.
My role is a character witness. I chose this role because I think it would be a very fun and interesting role in the trial. I almost had to be a character witness in a trial for someone very close to me but I ended up not having to do it. I was looking forward to helping the person in their trial and having this opportunity in the class would give me a feel of what it would have been like. I know I have never acted before but I have always wanted to and this will be something fun and near the aspect of acting. Based on what I know now, the character witness is there to bring emotions and a sense of person to the courtroom instead of a sense of only crime. The character witnesses bring out the personality of both sides. The character witness for the defense side gives the feeling of whether the defendant could have or would have actually committed the crime from what the witness describes of them and to veer the jury away from seeing the person as guilty. Defense witnesses ultimately show good things in the person and the fact the defendant would never commit the crime to make the jury question if he/she really did it. The witness for the prosecuting side gives the feeling of compassion and sympathy towards the victim of the alleged crime. This person generally makes the jury feel their emotions.
http://www.apa.org/monitor/may04/crossexam.aspx
The website I posted above described how character witnesses for the defendant may actually do more harm to them than good. Jurors remember more specific negative aspects of a person than positive generalizations. Witnesses can only give generalized testimony and be introduced by the defense but the prosecution attorney may cross examine them with concrete evidence against the defendant and question the witnesses credibility. This study explained how many times it hinders the defendant to have a character witness and actually may help the prosecution because of the way the jurors will remember the witness's testimony. Sometimes it is safer to not have a character witness for the defendant than to have one at all.
http://www.torontocriminaldefence.com/articles/EpZuVVupVVUelCeYDy.php
This website I visited explained characteristics someone should look for in a character witness. A character witness should be a person close with the defendant/victim so they know personal attributes of him/her. The witness should not have a criminal record themselves to prove the witness's honesty and should also be someone who is willing to help you and show up for you. These are all attributes a character witness should possess before appearing in court to testify. One thing I learned from this website was a defense/prosecuting attorney should gather at least three character witnesses to have a strong impact on the jury and courtroom. It helps the defendant/victim because if multiple people describe a person similar ways, the jury is more likely to believe the witnesses and get a feel of the defendant/victim as who they are as an actual person. If there were only one witness, it could question the witness's credibility.
I chose the role of the prosecuting attorney. I chose it because I want to go to law school and eventually become a lawyer. By taking this role I am hoping it will help me decide if this is truly what I want to do with my life. When deciding to take this role I was contemplating whether it was a good decision because it would be a lot of work, and other people are relying on me to get things right. I am glad I chose it though because it will give me an insight on what an attroney truly does.
As of right now I don't know much about a prosecuting attroney besides they are the ones who are pressing the charges, and arguing in favor of the state or the government.
After spending time researching my role I now have a greater understanding of what a prosecuting attorney truly does.
The first website I looked at gave me this information. A prosecuting attorney works with their national, regional, or local court system to convict criminals. They are responsible for initiating and carrying out the entire legal proceedings against the criminal. To make sure there is a case the prosecuting attorney often works with police, asks witnesses questions, and obtain evidence through an investigation agency to find out all of the facts. If there is enough evidence for a case they take it to a judge and try to convince him/her and the jury that the defendent is guilty. They do this through testimonys, evidence, and their own research. The prosecuting attroney also decides which charges are brought against the criminal and to what degree. Lastly, if the prosecuting attorney is unsure that they will when they can negotiate with the defendent and his/her lawyers for a guilty plea in exchange for a shorter or lesser sentence.
Also from this website I found the steps to become a prosecuting attorney. A person needs to earn a bachelors degree then get into law school. It usually takes about four years to finish law school. Once they are done they have to pass a legal exam. If they pass, they try to get an internship or job at a prosecuting office. From there they can work there way up to becoming a prosecuting attorney or a prosecuting attorney's assitant.
http://www.wisegeek.com/what-does-a-prosecuting-attorney-do.htm
Another website I looked at also gave me valuable information. For starters it explained not everyone is cut out to be a prosecuting attorney because there is usually a big caseload and smaller pay than other types of attorneys. Also a prosecuting attorney needs to be looking out for the good of the public as well as trying to understand the motivation behind peoples action. Prosecuting attorneys cannot get caught up in how high their conviction rate is, but they need to focus on if they are fighting for justice. One of the key characteristics a prosecuting attorney much have is wisdom. They need to know when it is best to pursue a case, but they also need to know when to lighten the sentence and negotiate.
http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/january_2007/prosecutor.cfm
The role I chose for the mock trial was a jury member. I initially thought about being a crime scene investigator or an expert witness, but those required a bigger time commitment. With this semester’s workload I decided it would be a better idea to be a jury member. I didn’t know much about what is required of someone if they’re chosen for jury duty. I did know that they are randomly chosen and that if chosen, you must appear or you can get in trouble.
After browsing the internet, I discovered that a computer randomly generates lists of people to be potential jurors. Registered voters and driver’s license holders are on the lists.
To be sure people are qualified to be a juror; they are mailed a questionnaire and then have to mail it back.
I discovered jurors get paid. They can get paid up to $40 dollars a day and they can also get reimbursed for gas and parking expenses.
Iowa law prohibits an employer from firing or threatening to fire a person due to serving or being called to serve as a juror. An employer who violates the law is subject to contempt of court and is also subject to a lawsuit by the employee.
A juror can be part of a grand jury or a petit jury.
You can be excused from jury duty if you are solely responsible for the care of someone with a disability or if you are breast-feeding.
http://www.iasd.uscourts.gov/index.php?option=com_moofaq&view=category&id=34&Itemid=192
http://www.iowacourtsonline.org/Jury_Service/Frequently_Asked_Questions
My role for the mock trial project is to be a juror. I didnt originally choose this role for the project. I wanted to be the profiler, but since to high demand for that role I choose to be a juror. I came to this decsion because of the low want for that role in my class. The considerations I took in decideding my role was the ability to get a role. Like I stated before I wanted to be a profiler but since the high demand I ended up choosing to be a juror. I really dont know much about being a juror. I have never been one in real life, and I have never even researched the topic before. The only thing that I know about jurors in what I have seen on television and movies. After browsing the internet for awhile I came across a website that informed me about things that I never knew about being a juror.
http://www.iowacourtsonline.org/Jury_Service/Frequently_Asked_Questions/
I learned that the courts use a computer for random selection for the juror, and after that a questionnaire is sent out and there are minimum requirements to be a juror. These are US citizen, over 18, to understand english written and spoken, and the ability to recieve and evaluate information. I also learned that someone can be excused for jury duty as long as they submitted written documentation to the courts satisfaction. I also learned the difference between a grand juror and a petite jury. The grand jury is a group of 7 people that are together for the purpose to find out if the evidence is sufficient enough the send the accused to trial, and the petite juror is a juror when in a civil or criminal case and someone has requested a juror. I also found out the juror are paid and being a juror can never affect someones job or career.
My role for our trial is a juror. I chose this role because I feel I am very good at reading people and I like being on the outside and evaluating everything that goes on without being directly involved. One of the factors that I took into consideration while choosing a role was how much time I was both willing and able to put into a particular position. I knew I wanted a role that required mostly observation of what was going on. I didn't want a role that required a lot of speaking and preparation. Before I do the research on the role of a juror,it is my understanding that everyone has the right to a trial by jury, and in some cases the jury decided whether the accused is guilty or not guilty.
After researching I learned quite a lot about what is expected of a member of the jury. In criminal cases, usually fourteen are randomly selected by a computer or other method. They are then questioned by the judge on whether they are a good fit for the trial. During the actual trial, jurors are allowed to take notes and it is their duty to focus soley on the evidence brought in trial. They cannot read or listen to any media sources about the trial and are required to report anyone who tries to talk to them about it, as they are forbidden to dicuss details with anyone. Also, the jurors must respect the opinions and votes of all other jurors, and they must vote based on what they believe is right even if all other jurors vote in opposition and are trying to persuade the minority. Jurors ultimately decide whether the accused is guilty or not guilty, but they do not have a say in the sentencing.
http://www.judiciary.state.nj.us/juror.htm
http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/DFA2D24C4A929DD880257044004FC053
For the trial, my role is a police officer. Originally, I would have loved to be a profiler; however, I lost the numbers game and police officer was next on the list. It will still be an interesting opportunity to experience being a police officer. I know that police officers are the first on the scene. They also work with the community to ensure safety, and protect citizens.
The first website I found was from Inside Jobs. The description gave a brief summary of all the specific jobs that the police officer holds. In some respect, I knew most of the jobs; however, it was still interesting to learn specific details. For instance, police officers do exciting, important jobs such as investigating accidents. However, not all jobs are that exciting such as aiding in collecting parking meter money. I also found it interesting that they can be nominated for an inspector for some establishments and activities or a driver for different automobiles.
http://www.insidejobs.com/jobs/police-officer-i
The second article I looked at was US Legal. The first thing I found interesting was the police differed depending on the city size. In smaller cities, officers are required to do all of the policing. However, in larger cities, police officers are usually assigned to a specific type of duty in the community. Another thing mentioned was the fact that most officers in bigger cities are often assigned to one particular area in that community. I feel like this is a great way to manage crime because that officer knows what to look for and what is suspicious. I also learned that Hawaii is the only state that doesn’t have state law enforcement agencies in operation.
http://definitions.uslegal.com/p/police-officer/
I am to assume the role of the juror. Even though this role was assigned to me, I will very much enjoy playing the part (I would have selected juror). I feel that a juror has the greatest responsibility in that he/she ultimately decides the fate of the defendant. I feel that I am an unbiased, open-minded, good person who could assist in making such a critical decision. I have never been part of a jury, either in school or reality so I am unsure of what to expect. What I do know I know from what I have seen in movies and on television.
This is how I think it works:
A legal team weeds through a long line of potential candidates. When the jury has been selected, they are ordered to appear in court on the date of the proceedings. Throughout the trial, they will hear testimony and view evidence presented by both sides. At the end of each day, the jury will congregate to discuss the day’s events. This will continue until the end of the trial. At this time, the jury will attempt to come up with a unanimous verdict of guilty or innocent. If there is even one juror who is opposing the rest of the jury, this results in a hung jury and the defendant is found not guilty.
When I did some research, I was most surprised to find that jury nullification is a real phenomenon. This is when the jury effectively nullifies a law in letting a criminal go free even when the evidence is stacked against him/her (http://en.wikipedia.org/wiki/Jury).
I also found that compensation for jurors varies by state. In Iowa, jurors are paid $30/day for up to seven days. Any time spent as a juror after 7 days, compensation will be increased to $50/day. (http://www.iowacourtsonline.org/Jury_Service/Frequently_Asked_Questions/)
Lastly, I knew that you could not be terminated for being summoned for jury duty. What I did not know was that if you are on a salary, your employer is not required by law to pay you during your leave of absence. I think that law needs to be rectified. (http://www.iowacourtsonline.org/Jury_Service/Frequently_Asked_Questions/)
The role I chose for the mock trial is a member of the jury. I chose this role because I have a tough semester and was not exactly sure how much time I could spend on my role and didn't want to let any of my other classmates down. I know that when you turn eighteen years old you can be called for jury duty. You call in to see if your number has been chosen and if it has you have to report into court to see if you are right for the jury. Once chosen you and the other members have to determine whether the suspect is guilty or innocent. I don't really know too much about the jury besides what I've seen on tv and what I've heard from other people. I am very interested to find out what other things the jury members can do.
While reading about jurors and jury duty I realized that they get paid to be on a trial. I also learned that computers randomly choose potential candidates for jury duty. And if your name is chosen on the computer you will be sent a questionare to see if you are right for the trial. Jurors can be paid up to $50 a day after a seven day period. You can even be reimbursed for all of your travel expenses. I think this would be a very neat experience because you never know what kind of case you'll get.
http://www.iowacourtsonline.org/Jury_Service/Frequently_Asked_Questions/
My role for our class's mock trial is as one of the three eyewitnesses. Honestly, I chose this role because I felt like it was going to be the least boring role to assume. I never really took into consideration that I probably needed to be a role that would reflect my future career. I also realized that with the extracurriculars I participate in, I wouldnt have time to act as any of the more involved and important roles which would properly reflect my future career such as the CSI, the Expert Witness, or even the detectives. I felt as if the eye witness role would also be more enojoyable to partake in, seeing as we get the chance to follow a map around campus to "stumble" upon the crime scene. I figure along the way Ill also find out some valuable information on how eyewitnesses' testimonies are processed, the stresses an eyewitness goes through to remember details about the crime, and how many times the eyewitness needs to appear in court.
After doing research, I learned there can be many issues with eyewitness statements and testimonies which makes it even that much harder for the Jury to come up with a verdict. Purgery, lying under oath and purposely and knowingly misremembering details is a crime and against the law. It faults the credibility of the witness and slows down the process of the case.
http://agora.stanford.edu/sjls/Issue%20One/fisher&tversky.htm
The memory of an eyewitness is also a huge factor in a criminal case. The duration of time between when the crime was witness until when the details of the crime are relayed, affect how much information the cops can acquire from the eyewitnesses. The eyewitness may not realize it, but alternative information that they didnt perceive from witnessing the crime will be accidentally introduced from other sources such as the police, consulting family members, and even alike eyewitnesses.
http://www.sciencedaily.com/releases/2011/02/110210094924.htm
My role in the mock trial project is an eyewitness. I chose the role because I thought it would be fun to basically go on a scavenger hunt across campus in order to witness a crime. I also took into account that I have a busy semester that will only get busier as time goes on, therefore having a role like an eyewitness would be ideal because most of the work will be done right away. However I do understand that I might be called to testify too, if the prosecutor asked for it, which would also be fun. I've never really had any problems with public speaking so I won't have any difficulty should that situation arise. The eyewitness is also one of the roles that can possibly interact with other roles. Eyewitnesses would be interviewed by police, detectives, and possibly media, as well as maybe testifying in court for the prosecutors. I would like this aspect because I would like to be involved in the whole process of the mock trial.
I feel like I would be well suited for being an eyewitness because in addition to what I said before, I have an excellent memory recall and no visual problems. I never really took that into account until the first day of class when we spoke about visual problems. I don't wear contacts or glasses so maybe my statement would be more credible.
Currently, I know that eyewitnesses are very important in the legal process. They can be involved in almost every aspect of the timeline because their testimony is necessary for identifying and profiling a suspect. Just this past summer, I went to a murder trial that was being held in my town and they had one of the eyewitnesses testify. That testimony was really powerful because it showed just how premeditated the murder was. I felt goosebumps when I heard it.
When I was researching eyewitnesses, I came across a lot of evidence speaking about the effect of emotional stress on memory. However, a lot of the research was contradictory. Some article said that high levels of stress made memory recall less accurate, while others said that high levels of stress made it easier to remember specific details from the event. Finally, I stumble across a review of several eyewitness studies that found the same thing. The review concluded that while it was true that emotionally stressful events are remembered differently than mundane events, the relationship between stress and memory is not as simple as "the more stressful, the worse the memory." Each case is different dependent on what type of stress occurs, how long it is between the event and the need for recall, and multiple other factors. That idea made sense to me and helped clear up some confusion.
http://psycnet.apa.org/journals/bul/112/2/284.html
A second article I read dealt with eyewitness identifications from lineups. Traditionally in a lineup, about 6 suspects are all presented to an eyewitness simultaneously, then the witness is asked to identify which is the perpetrator. However, this study tested to see if a different method was better. The second method tested had each suspect presented to the witness sequentially (one by one) and would answer yes or no when asked if this was the perp. In the study, they used photos instead of actual people. They also included rounds were none of the photographs were the actual perpetrator. This was to test the amount of false identification for both methods. The study concluded that presenting suspects sequentially reduced false identifications. However, the number of accurate identifications was about the same with both methods. So, they haven't found a method that makes identifying the correct perpetrator easier, but they did find one that decreased the amount of identifying an innocent person as the perpetrator. That's pretty cool. I'd like to see if they can develop this more in the future.
http://psycnet.apa.org/journals/apl/70/3/556.html
My role in the trial is media. I initially wanted to be a crime scene investigator, but chose media instead. Although I will probably never have a career in the media, I think this will be a perfect opportunity to experience a different side of criminal trials. The news (whether it's the tabloids or legitimate news reporters) usually gets a bad reputation during trials. I will do my best to report the truth about the case, and I will avoid interfering with the police investigation as much as possible, because it is vital to build a rapport with the investigators without stepping on anybody's toes.
http://www.truth-out.org/trial-media-justice-system-no-one-wants-you-know-about/1323816777
http://en.wikipedia.org/wiki/Trial_by_media
I read a few articles on the subject of "trial by media," which is the concept that the public judges a person on trial, having only the knowledge that they are given by the media. Any form of media that is unethical enough to exploit a case for their own financial gain is also unethical enough to pick and choose which specific pieces of the trial they want to show to the media in order to shape the public's views on the trial.
Obviously, it is the responsibility of the reporters to keep the public informed about things like trials, but it is another thing for reporters to overstep their bounds and interfere with the trial, or to selectively report on certain parts of the trial and leave out the rest in order to shape public opinion and draw in more ratings.
By now, you have all selected a role for the mock crime/trial project for this semester.
What is your role? Why did you choose it? What considerations did you take into account when deciding on a role? What do you know about your role (in the real world), right now?
I am a part of the jury. I chose to be on the jury because I have not interest in being anything else for a future career and I have a busy schedule this semester. I know that you get a letter in the mail that says you have been selected for jury duty. You can get out of it by saying you know the person. If you stay on the jury you all watch the court hearings and vote to decided the final decision.
Next, spend 15-30 minutes, browsing around the internet looking for information about your role. Read and review whatever you'd like, but when you report on what you find (below), please rely on quality sources that you believe have some credibility.
Now report on what you know now about your role. List your sources (links to the sites you read).
Not everyone can be selected for jury duty. You have to be a US citizen, 18 years of age, cant have a felony conviction, and cant have done it in the past 4 years.
The job of a juror is take very serious and is a very important part of the justice system. If you get summoned and feel that you can not fulfill your roles or it is an extreme inconvenience for you to serve you can talk to the judge and he will decide if its ok for you to be excused from your roll on the jury.
You can receive a $500 fine if you do not respond to you summons for jury duty.
You can get paid for jury duty. You get mileage plus $16 a day. Your job does not have to pay you for missing work but they are not allowed to fire you or suspend you for your leave.
There is no set time on how long your jury duty will last but it averages 2-4 weeks.
http://www.legalexplorer.com/legal/legal-QA.asp?Sid=23
A juror has several responsibility.
First of all they have to be there. The trial cannot go on if they jury is not present. You need to be completely devoted to the trial and give it your undivided attention. You cannot research your case outside of what is given during trial. You cant read newspaper articles or listen to the news broadcasts involving your trial. The case is completely confidential. You are not allowed to talk about what goes on with anyone. As a juror you cannot take sides. You have to listen to all the evidence from both sides and value it equally. It is necessary that you have an open mind while everything is being presented and at the end of the trial you must evaluate everything and pick a side.
http://15jc.alacourt.gov/Jury/JURBOOK.pdf
The Role I am partaking in during the mock trial is a member of the jury. The reason I chose to be in the jury is because I felt it is what suits me best for this semester. The classes I'm involved in this semester involve quite a bit of outside work. I felt by joining the jury group I would'nt over do myself this semester and will still be able to make a good contribution to the class and the outcome of the trial. Also I feel listening is one of my major strengths and being a part of the jury you must do this well. Finally, I am not really a person who likes to be the center of attention so I figured many of these roles would not suit me well. Many of these other roles involved a lot of public speaking which I'm really not the best at.
I know a little bit about the jury from some of the other classes I have taken so far. In general there are usually 10 to 12 jurors who are actually seleceted to trial. These jurors are generally selected from a larger population and tend to be representative of the public as a whole. The jurors who have been selected are questioned to see if they have any biases that may effect the outcome of the trial. If they are selected they will sit through the trial and listen to all of the evidence presented in trial by several different sources such as prosecution, defense and witnesses. When they have heard all the facts of the case they will collaberate with one another and try to come to an agreement.
What I found out from a little research is that there are different types of jurors. If you are convicted of a crime and depending on the crime you can either have a trial jury or a grand jury. In a trial jury there are 6 to 12 members depending on the severity of the offense. You can have a trial jury for either civil or criminal cases. Here the jurors sit through the trial and listen to the evidence presented and at the end collaberate with one another to either find the defendant guilty or not guilty. In a grand jury trial there are 16 to 23 members. Grand jury members are given evidence before the trial to see if there is probable casue to continue. This process usually happens in federal cases.
I found that the jurors are a very important compenent to the judical system. They help keep the system clean of coruption. Around 5 million Americans are called for jury duty each year. These people are selected in a variety of ways from a registered driver lisence list to registered voters lists. A majority of Americans can be selected to a jury and can be selected at anytime.
http://fija.org/
http://www.iowacourtsonline.org/wfdata/frame9752-1711/Background_information.pdf
http://www.uscourts.gov/FederalCourts/JuryService.aspx
My role this semester is a crime scene investigator. I chose this because I thought it would be something fun and different. Another reason I wanted to be a CSI is because I love watching CSI and shows like that on TV and am interested to find out what a real CSI does compared to how Hollywood portrays it. I am hoping to get into law school in a couple of years but I didn't pick to be an attorney because of the time commitment and my busy schedule this semester.
After researching I found that the main responsibilities of a crime scene investigator are, in the order of the event, report to the crime scene, collect evidence, take evidence to lab to be analyzed, prepare reports about their findings, and often testify at court. Having a keen eye for detail is an important skill to have to be able to do the job effectively. It is also important that they are in good physical condition and be able to kneel, reach, climb and carry various objects. CSI's reconstruct the events this helps them determine the sequence of how things occurred and find evidence at the scene. If there are mistakes made either collecting or handling evidence this could potentially set a guilty criminal free. Depending on the crime the evidence may vary. For example if its a robbery and theres no sign of forced entry that can be evidence too. In other cases evidence can range from blood stains, bodily fluids, hair, fingerprints, firearm evidence, fibers and threads, questionable documents, etc. After collecting the evidence it must be secured so it isn't contaminated. It is also recorded with its location and sent to the lab.
Crime scene investigators work in an office when they are not at the scene collecting evidence, attending autopsies and conferences. When they are not working they can be called at anytime and are responsible for reporting to the crime. Some of the differences between TV shows and real life CSI's are they don't handle the dead body and they don't interrogate any suspects.
http://www.feinc.net/csi-desc.htm
http://www.criminal-justice-career.com/article-display/302.html
http://wedetectives.com/crime-scene-investigator-job-description/
http://www.crime-scene-investigator.net/collect.html
My role for the trial is one of the expert witnesses. I don't know much about expert witnesses, but I do know that they are used in court to help the defense or prosecution try their case. They are experts in a certain area, like finger prints.
An expert witness is believed to have an expertise or specialization in a certain area based on their training, education, and skills. They are used in court to help benefit either the prosecution or defense.
I chose the role of the detective. I chose this role because I've always been interested in the type of work detectives do and I also want to do some sort of detective work when I graduate so I think this would be a good learning experience. I had interests in a couple of different roles but I ultimately decided on the detective because I always watch shows such as Law and Order: SVU and I wanted to see what it would really be like to do detective work. What I know about what detectives really do is they do some researching and a lot of investigating. They also bring suspects into custody and interrogate them. I also know that detectives are different depending on whether they are at the local, state, or federal level.
After researching I realized that detectives do a lot of things. At the scene of a crime, detectives examine the scene to obtain clues and gather evidence. They investigate suspected criminals or facts of a particular case in order to stop crime or even prevent criminal activity from happening. Detectives may also be asked to testify in court and be asked to explain to a jury what they evidence and facts they found. They also need to prepare cases for the courtroom.
Detectives are very hands on and their hours are not set in stone. They may be called in the middle of the night to go to a crime scene if needed. Being a detective can be very stressful and depending on the crime it can be very dangerous when pursuing a criminal.
http://dot-job-descriptions.careerplanner.com/DETECTIVE.cfm
The role I am playing in the trial is a juror. The reason why I chose to be a juror is because I work 30 plus hours a week and go to school full time so I just don’t have the extra time to put into other roles. What I know about a juror is that the parts they take in the trial is deliberating the evidence amongst them and determine if they are guilty or not guilty. Also every juror has to agree on the same verdict. If at least one person is not agreement then the jury is hung.
http://www.iowacourtsonline.org/wfdata/frame9752-1711/Background_information.pdf
For my source I decided to make it according to Iowa courts since we currently live in Iowa. The jury is consisted of a group of average citizens who determine the verdict of a trial. These people are chosen at random and they go through a process to make the perfect jury. Then this group of people will sit in the court during the trial and they will be given evidence that they then have to use to make a decision based on fact presented in the court during the trial. If every person doesn't agree then the jury is hung.
1.My role is being a member on the jury. I choose it because I’ve never actually have been sent a letter to be selected to take part in being a juror. So I figured it would be interesting to see how it goes and what I can learn from it, because sooner or later I’ll get that nice little letter “inviting” me to report for my county. Also I decided on being a member of the jury because it fit my time schedule, I am busy busy busy, but I do like to take part in group discussions and find out how other people feel on the matter as well. All I know is to be on the jury you get sent a letter, you come to the court, you get interviewed, and if you know someone there you get sent away, if not, then they decide whether to keep you or not.
2.
~You have been called to trial to be a juror because it needs to be the guarantee of a trial that will be determined by the jury. It’s both an honor and a duty to participate in this judicial process. They say you’ll have a few opportunities to take part in the trial, observe what is being stated, and it will also increase the knowledge that can be easily retained on what goes on in a court system. In a criminal case the defendant has a right to a trial by jury. If there’s a civil case the jury is only involved in general disputes between two or more parties. In a civil case only six jurors are needed, but they can have up to twelve. While in criminal cases twelve jurors are needed. There is such a thing as an alternate juror, but they don’t have to participate in deliberations, but could be asked to stick around until the deliberations are complete. In a civil trial, five jurors are needed to return a verdict in favor of one party over the other, while in a criminal case the verdict has to be unanimous. The jury can be asked if they believe the court should impose a death sentence on capital cases.
http://www.judiciary.state.nj.us/juror.htm
~If you don’t show up in court when you’ve been assigned to be a juror, the court can and will hold you in contempt. If you’re older then seventy, you will get excused from the jury service, along with active members of the military service are exempt from being a juror. You will get paid for your services. The jury’s are there to get the facts straight and then apply them to the law.
http://www.osbar.org/public/jurorhandbook.htm
My role is detective. I choose this role because my great grandfather Anthony "T" Bongiorno was a well known chicago detective in his era. He became a detective in 1932. His son Anthony Bongiorno II also decided to become a detective as well. Since becoming a detective is not in my career path I'm taking advantage of this great opportunity to get a taste of what it would be like to be a detective. Talking with my Grandfather Anthony II I have heard many stories of the things his father did in his time as well as the things he has experienced. Many things have changed from 1932 to present day. It is very interesting to know what was legal then and accepted and what is now very unethical and against the law. A Detective's job consists of gathering evidence,solving cases, talking to witnesses, finding leads, talking with suspects, tracking suspects, catching criminals, patrolling, and paper work.
Detectives jobs consist of many things depending on the organization they work for. Such as local, state, or federal. Detectives regardless of their position have to write reports and hold adequate records incase they need to testify in court. Detectives also secure crime scenes, gather evidence, gather information from witnesses, find suspects, and tracking suspects, etc. They have to work atleast 40 hours a week but overtime is common. They have to be ready and willing to come in when needed. This can take a toll on their private lives. After researching about detectives I feel I have a better understanding of what my role is going to be in this case. I am excited to play my part. I enjoy acting and not only with I learn a lot during this experience but I feel this will be a very unique and interesting experience for me!
http://www.bls.gov/oco/ocos160.htm
http://degreedirectory.org/multimedia/What_Does_a_Police_Detective_Do_-_Video.html
My role is one of the expert witnesses. I chose it because I wanted my role to be as realistic as possible for my future career. When deciding on what role to be I took into consideration whether or not I wanted to work alone, with one person, or in a group. Based on chapter one’s readings I’ve learned about the different roles expert witnesses can have in court. I also know that it is very rare for an expert witness to be prosecuted for misrepresenting data.
After researching for some time, I found a website that provides a plethora of information. From: http://www.nfstc.org/pdi/Subject08/pdi_s08_m03_01_c.htm, I learned that when an opposing counsel wishes to question the other’s expert witness, it is known as “voir dire.” Whichever attorney calls for the expert witness is called the “proponent” of the evidence and it is up to him or her to establish criteria for the court to recognize their witness as an expert in a particular field. An expert witness will be questioned, cross-examined, and possibly re-cross examined in an attempt to make them seem unqualified. Questions asked will range from how they conduct their research and their procedures, to how much training and education they’ve had in an area. Finally, just as with any job or professional opportunity, the way in which one presents themselves via their dress, demeanor, and speech speaks volumes about the level of expertise assumed; therefore, it is important to dress professionally, stay personally uninvolved in a case, speak after thinking carefully about your response, and stay calm and collected during the trial.
My role is a juror. I chose to be a juror because I have little experience or knowledge of court proceedings. However, I know that in the future I will most likely be summoned for jury duty. Although it is less likely I may also be responsible for a decision that will affect someone’s entire life and the lives of those around them. Another reason that being a juror appealed to me was that it involved much more listening and thinking rather than talking in front of others. I am not good at arguing. When I do get in a heated argument I either get flustered and make joke or make personal attacks about irrelevant things (like they have weird hair, or I may say something involving their face – stupid jokes/personal attacks).
The considerations that I took into account when deciding this were the following. I do not like speaking in front of large crowds, I do not arguing or confrontation. I also wanted an experience that was more true-to-life. Lastly I have to take into consideration the amount of school work/ homework that my course load this semester was going to give me.
I do not know a lot about being part of a jury except for hearsay from people that have been on a jury. I think there will be some sort of interview process from the defense and prosecution. It seems that if either side thinks that you are ‘unfit’ then you will not be asked to help with the trial. In these situations I have heard that if someone has too much knowledge in the same area as the case then they may not be asked to be a juror. Or if you know someone that is involved with the trial then you may not asked to be part of the jury. As of now I am under the impression that in some if not all cases the jury must come to a complete resolution with everyone agreeing on the verdict – either innocent or guilty. Then deliberation is given the person is either free or receives their sentence/punishment.
After doing some research I learned a lot about what a juror does, and what their responsibilities are more specifically. I learned more about the selection process. People that are eligible for jury duty are those who are 18 years or older and they will be present in the same county that the trial will be held. If you do not show up for jury duty you may be held in contempt, unless you have a proper excuse. A proper excuse is defined as “undue hardship” or “extreme inconvenience” then a clerk or judge will make the final call. There are also certain securities that one has when they have jury duty. There is a certain amount of job security. If you miss work due to jury duty those are not ground for dismissal. There is also a small amount of payment received for being on a jury. Now this is just if you actually participate in the trial acting as a member of the jury.
If you are selected for jury duty then you will be instructed by the judge about the premise or basics of the case. However, it is each juror’s duty to be aware or knowledgeable of the law and then they interpret the information presented during the trial and the jurors decided whether or not they think defendant is guilty of innocent. It is not up to the judge to explain their personal interpretation of the law. So in reality the judge is not the judge the juror(s) decide.
So far I have learned a lot about doing this brief research. I am looking forward our class’ court case.
http://www.sundaylaw.net/books/other/standish/liberty/litb04.htm
http://www.osbar.org/public/jurorhandbook.htm
My Role is the Bailiff. I chose to be the Bailiff because I like the idea of providing security to the court room. i took into account my major being criminology, although i would prefer to be more than just a police officer this is a pretty similar job but on a much smaller scale. i also took into account they time that role would take because i don't have much of it to spare. i don't really know much about the job a being bailiff accept that you probably have to be on your toes at all times looking for something to happen.
In this website i learned about what the job of being a Bailiff curtail. they are very similar to law enforcement because essentially that's what the job is. Bailiffs provide security to the court, swear in witnesses with the oath and do a few other important things in the trial process. Qualities of good Bailiffs is being alert, being an effective communicator, able to work well in teams.
http://education-portal.com/articles/Court_Bailiff_Job_Duties_and_Requirements_for_Becoming_a_Court_Bailiff.html
My role is a Juror.I did not pick my role but if I were in class that day I would have picked juror. I considered many things when trying to decide my choice. I considered time commitment outside of the class room and of course my personal interests. I think being a juror will be kinda cool, I always thought that it would be cool to play a role in the judicial process and to see how it works first hand. I feel like it is our responsibility as citizens to respond to summons.
Some of the websites that I searched through really only talked about the logistical aspect of being a juror but I found an article that was written by a former juror from her perspective and she talks about the impact that that experience had on her life.
http://let-there-be-light.net/2011/10/24/being-juror-11/