This essay should show your developing knowledge of your role in the mock crime/trial. You should discuss and describe what you are learning about your role. If you role has been engaged in the class project already, make sure to discuss your experience (without divulging case-sensitive information!)
Topical Blog due Thursday 3/8 @ midnight
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I am the sketch artist for this class’s mock-crime/trial. As of now, I have not played a role in the project. I have noticed that the witnesses have gone on one excursion during class so hopefully something will happen soon! I am curious to find out if the police will ask me to come to crime scene and interview the witnesses. Sketch artists are either called to the crime scene to interview witnesses or can interview the witnesses after the fact when they are brought to the police station for further questioning. If I were the police, I would have the sketch artist come to the crime scene that way the witnesses memory is still fresh and un-influenced.
I think it would be in the best interest of the investigation for the sketch artist to interview the witnesses at the crime scene because of what we read in the eyewitness identification chapter. As we now know eyewitness identification is one of the leading causes of wrong conviction. Many things can influence the memory of an eyewitness because their memories are extremely vulnerable. Factors such as leading questions, elapsed time, line-ups, and other witnesses can easily tamper with the memory of an eyewitness. As a sketch artist, I think that it is important to get a description of the perpetrator from the witnesses as soon as possible before any of these possible threats take hold. I actually found on a website that real sketch artists do think it is best to be one of the first people to speak with the witness. Gibson, who is the experienced sketch artist questioned in this online article, says that it is especially ideal for a sketch artist to talk to the witness before the police show them mug shots or line-ups. The website that I found is: http://www.evidencemagazine.com/index.php?option=com_content&task=view&id=67&Itemid=49
Another important thing to remember about sketches is that they can be used as an investigative tool. Assuming that the witness’s memory has not been heavily influenced, a sketch can be shown to people from the neighborhood of the crime, or the workplace of the victim. Sometimes sketches will produce results and give police a name to go with the sketch. This can be an important lead on an investigation. Although sketches are not hard evidence they have been known to be used by prosecutors in a courtroom as well. The same website I mentioned earlier also made me realize the importance of sketches in missing persons cases. Sometimes a child will go missing for years. As we know a person’s appearance changes as they age. Sketch artists can create sketches of how somebody might look in the present time. Although these sketches might not be completely accurate, they are still better than nothing.
It is important for a sketch artist to be patient with the victim or witness as well. If a sketch artist is one of the first people to have contact with the witness it is likely that they will still be in shock or very flighty. Gibson, the experienced sketch artist, says that it is important to sympathize with the victim or witness. It is ideal to interview them in a quitter place with fewer distractions. All of the evidence is in the witness’s mind so a sketch artist must be careful to give them a chance to recall these memories.
I am one of the two prosecuting attorneys for this semester’s mock trial. So far, my role has had no direct involvement in the class, but soon enough I will have plenty of involvement. The main reason that I have had no involvement is because the prosecutor does not become involved until the police have built a case that the D.A.’s office feels is convictable. I have learned that prosecutors are responsible for collecting and sorting the evidence in order to create a convictable case against a defendant. Although my role has not had anything to do with the class yet, I have learned quite a bit about the position that I hold through my book report. The book that I read was called “The Prosecutors.” I chose this book because I felt that it would help me immensely with my role. The book was written by a reporter named Gary Dehlsohn, who was working in Sacramento, California. He was able to spend one year as a “fly on the wall” in the city’s District Attorney’s Office. During the course of the year, there were a few cases that went through that he wrote about. While reading this book, I really learned a lot about how the district attorney’s office works.
In a district attorney’s offices, there are many different people with many various jobs. The first is the District Attorney, who is an elected official and acts as the boss. Many times, before an arrest can be made, the police come to the District Attorney and present a case stating why the individual should be charged with a certain crime. The District Attorney can then decide that he or she would like to file charges against the individual or tell the police that they need more evidence for the case to be prosecutable. In my book, the District Attorney’s name was John O’Mara and he had been doing the job for many of years and was much respected. He was also known to be quite demanding; if the police wanted an individual convicted, they sure better bring him everything he needed. In this story, John O’Mara never actually went to trial and prosecuted someone. This happens in real life as well; the District Attorney many times just oversees the other prosecutors. The District Attorney is not the only attorney in the office; there are usually many other prosecutors working for the office. These are called Assistant District Attorneys. Since the city in which the story in my book took place, Sacramento, is quite large, there were quite a few attorneys working for this office. There are also investigators that work for the District Attorney’s Office that go out and find people that do not show up for court or basically anyone who does not show up that has been subpoenaed. I learned through this book that being a prosecutor can be a very stressful job. Every day, they are forced to deal with the most violent people living in their district. They also must come up with plea bargains that can save the state a lot of money by not going to trial. Sometimes, prosecutors are criticized for offering this plea bargains because victims/the community feel that these are unfair deals in the criminal’s favor.
I have also learned that one of the jobs of being a prosecutor is to work as an advocate for the victim. It is their job to work for the victim in order to receive restitution money for crimes committed against an individual.
I have also had personal experience with a prosecutor in Polk County. About six months after a violent crime was committed against me, I was contacted by an assistant prosecutor. I was later subpoenaed for a deposition in which I had to sit down in a room with the prosecutor, two of the defense attorneys, and two of the defendants. It was definitely not a very comfortable situation. The defense asked me many questions while the prosecutor took notes. About a month later, I was subpoenaed again to go to trial. At the trial, I was asked question by the prosecutor that were supposed to paint a picture of me as being an upstanding citizen that was victimized by a ruthless criminal. Some of the questions that were asked were: “So, you go to college? How far are you in college? How did you feel while the crime was taking place? Do you recognize this IPOD? Do you recognize this car? Etc.” The defendant was later found guilty and sentenced to prison. The rest of the defendants pled guilty. (Thankfully, because it was quite a hassle to continue returning to Des Moines) Recently, I received a letter from the D.A. stating that I would be receiving restitution money.
Here is an article that I found that tells exactly what a prosecutor does. It explains various jobs that the district attorney does and different departments of the District Attorney’s Office.
http://www.wisegeek.com/what-is-a-district-attorney.htm
Here is the website of the Blackhawk county District Attorney’s Office. The District Attorney in Blackhawk County is Tom Ferguson. http://co.black-hawk.ia.us/depts/attorney.html The Blackhawk County District Attorney’s Office Website isn’t quite as fancy as the Polk County District Attorney’s Website:
http://www.polkcountyiowa.gov/attorney/pages/sarcone.aspx
The Polk County District Attorney is John Sarcone. If you go to think link above, it has a whole profile about John Sarcone. In 2014, his term will end.
I am one of the character witnesses in the trial. We have not covered anything relating to the character witnesses in class but I have learned more throughout the class to prep me for being on the stand. I have learned more about the ways the defense attorneys will attempt to cross examine me to weaken my credibility as a witness which will make it difficult for me to help that specific person. This website: http://www.apa.org/monitor/may04/crossexam.aspx put it into perspective to me on how the defense attorneys will attempt to make me look like I do not know my source as well as I thought I did. The defense attorney, whom I may be trying to help, can only give a generalized testimony while the prosecuting attorney can cross examine me and use specific evidence. This website also made me realize I may do more harm to the person I am trying to help rather than good. The cross examination may stick in the jury's minds even though the jury cannot judge the defendant using the negative information given during the cross examination. This will ultimately hurt the defendant more than help them. I have learned my presence is usually questioned because of that certain situation.
http://www.buzzle.com/articles/character-witness-statement-sample.html
This website helped me understand about two things. One, I learned a character witness may not have to appear at the trial and may send a letter on behalf of the person to help his or her cause in the trial. Two, I learned about different things I may be asked as the character witness. The attorneys may ask me if he or she has engaged in the act before in his or her lifetime or different things the person has gone through which may determine what may have led them to committing the crime. The character witness gives more of the soft side of the person who may have committed the crime as well as giving the sympathetic side of the victim and making the jury feel more grief on the victim as well. I feel as if the character witness shows the human side of the alleged criminal because it shows he or she was normal or that people could never see him or her committing such a crime, making it harder for the jury to see the person doing it as well. My role is pretty small in the trial but it could also determine the jury's decision by the cross examination or by my sympathy/grieving of the individual in which I am supporting. I have been learning how every role in the process of a trial is important and my role as the character witness is important in showing the personality of the person I support in the trial.
I am one of the two defense attorneys. So far my role has not come into play in the classroom. We have talked a little about some defenses I can use like the insanity plea. It isn’t time for me to be involved in the murder because of the fact that they haven’t found the culprit yet, or so I know of. Once they do find the culprit I will be called to defend him in court. I don’t know a whole lot about being a defense attorney. I have learned more by going to class, the movie primal fear, and outside research I have done.
The movie primal fear gave me some good knowledge on the general aspect of being a defense attorney. It showed him talking his client and saying don’t tell me more than I need to know. I think that is a wise decision because I wouldn’t want to know more about the case than I needed to get him a fair verdict. Also in the movie I was able to see the back and forth between the defense attorney and the prosecuting attorney. I think that knowing how that works will be important.
This week we learned about the insanity defense. I found it interesting to learn about the different types of defenses that are used in court. I learned about the insanity defense, Automatism defense, diminished capacity defense, and the intoxication defense. I learned that the insanity defense basically never works and that you should only pursue that defense if you have all the evidence you will need and you think you can persuade the jury. The automatism defense is another type of defense that has to do with momentary, involuntary actions. This is also known as crimes of passion. Diminished Capacity is for if you think your client is insane, but you don’t have enough evidence to prove it. This is a good way to still get the verdict you want. Intoxication defense is a defense that really shouldn’t ever be used because of the way the jury reacts to it. It isn’t something that anyone would sympathize with.
Since I now know from the media that the crime was a murder I looked up information that would be good for me to know when creating my case later. I found the website: http://www.criminalattorney.com/murder/. On this website I was able to find out that in murder conviction there are about three possible outcomes. They are life imprisonment with/without parole, death penalty, or fines and other punishments and penalties. The severity of the punishment will be based on a number of different factors like: prior criminal record, status of probation/parole, general community attitude towards the crime, and aggravating/mitigation circumstances. Now the murder defense information on this website gave me some good ideas for when I have to be put to the test. I learned that experienced attorneys will use numerous amounts of defenses to get a better outcome. Some defenses that I could use are self-defense, insufficient proof or evidence, factual innocence, insanity, and others.
I found a website that told me what the critical roles are of the defense attorney. The website is http://ezinearticles.com/?Our-Criminal-Courts---The-Role-of-Defense-Counsel&id=487513. I learned through this website that my job is to explain to my client what is going on and to make sure he or she knows there rights. I have to make sure that I protect my client because it is in the law that he or she has rights. My job is to protect those rights. I will deal with the prosecution, call and examine any witnesses in court, and do all that I can to keep my client from harm.
Overall I am excited for my part to get started because I know it is going to be a lot of hard work, and I just want to get started.
I am one of the two defense attorneys. So far I have not gotten to act for my part but soon I will get to do quite a bit. I have learned quite a bit about my role from the book I read for my book report, our text book, "Forensic and Legal Psychology", in class discussion and further research I have done outside of class.
For my book report, I read the book "How To Argue and Win Every Time: At Home, In Court, Everywhere Every Day". This book was written by Gerry Spence, a defense attorney who has interesting tips from some cool cases. In this book I learned a lot about what it takes to make a good argument. This information is going to be put to good use in this case. From a personal story in the book, I learned how Spence dealt with media influences on the jury, and how to make that work to your advantage. With what I have seen from our media so far, this may be important. One of the greatest quotes int the book is when Spence answers the question: How do you defend someone you know is guilty? He replies, “Every lawyer understands that before a citizen in this country can be convicted, the state must prove its case against him according to the rules, the most important of which are guaranteed protections under the Constitution. These rules preserve our rights as American citizens and protect us from the tyranny of the state. Every honest lawyer has the duty to see that every person accused of a crime, guilty or not, is not convicted unless the state fairly and lawfully follows those rules. This very noble ideal is what distinguishes our country from nearly every other country in the world” (Spence 96).
From our text book I have gain a lot of useful information. I learned about the insanity defense. Despite the depictions of it on movies and tv, it is a really hard way to prove "not guilty". I have also learned a lot about the defense attorney's role before the case starts. I hadn't really thought much of how crucial it is for the defense attorney to be present in police interrogation. I really hope I get the opportunity to help during that aspect because, a lot of damage can be done without an attorney present. I sincerely hope my client does not make a confession as that will add a lot of work for me and my co-council.
I found two really great site I think will help me further in the case. The first is an article called "Evaluating forensic DNA evidence: Essential elements of a competent defense review" It gives some key things to look for in the DNA evidence. The article states, "In our experience, examination of the underlying laboratory data frequently reveals limitations or problems that would not be apparent from the laboratory report, such as inconsistencies between purportedly "matching" profiles, evidence of additional unreported contributors to evidentiary samples, errors in statistical computations and unreported problems with experimental controls that raise doubts about the validity of the results. Yet forensic DNA analysts tell us that they receive discovery requests from defense lawyers in only 10-15% of cases in which their tests incriminate a suspect. "
http://www.bioforensics.com/articles/champion1/champion1.html
The next website I found discusses steps for preparing a case. It gives an outline on how to begin organizing the facts for the case. It also talks about the various ways to gather evidence regarding the case. http://criminaldefense.homestead.com/Pretrial.html
I am a jury member in our mock trial. Now going through this class my role has not yet played a role within the crime. My role will not take place until we are in the so called “court house”. Now what I have learned since my last essay fits in more with how the jury convicts depending on a confession. The juries will more than likely always convict the suspect of the crime if there is a confession. Now what we learned that even if the person confesses falsely, and then try to retract that statement the jury will still convict that suspect. This is most surprising when the evidence isn’t even strong. All that matters is that the jury will get blinded by the fact there was a confession. Now on to other things about the jury would be how the jury is selected. for this reason they have put many innocent people behind bars for long periods of time.
What I learned in my criminal courts class with Dr. Briggs was the process of picking a jury. This jury is supposed to be impartial and representative of the suspect’s peers. Now as hard as the courts tried to make regulations on picking a jury it is very much biased because the jury members are handpicked at the very end of the process. Now one thing that is comical about that is the people they tend to get off the jury and some of those are due to race of profession. Now we have kind of touched basis on some of the questioning they ask the jury. First of all the reason they ask the jury questions is to make sure they get an impartial jury. They want to try to get the most unbiased jury as possible. So they ask certain questions about beliefs or having past situations that might resemble this certain crime. If it does in some way you will be booted from consideration right away.
My role in the case is CSI. Before doing research for this role at the beginning of the semester, pretty much everything I knew about it came from the show CSI. While the basics like the importance of collecting and preserving trace evidence hole true to real life, there are many unexpected things that I have found through my research and actually participating in this role. Tuesday in class was my first chance to get to actually experience my role. Even though I had read the material in the manuals/guides a couple of times, and even right before the class, I found that it was really difficult to know exactly what to do. It was also kind of hard to remember what we as CSIs were supposed to be doing vs. what the police officers had to do in terms of dealing with the crime scene. This is something that I think is very much exaggerated in the show CSI because oftentimes the people in the show fulfill a lot of roles that the police would generally do in real life, unless the police and the CSIs are the same people. I think they exaggerate a little bit about the sheer extent of their roles, however, the extent of the processes are not exaggerated; if anything, they don’t spend enough time collecting and evaluating evidence.
In terms of collecting evidence, I had never realized what a tedious process it is because you have to label EVERYTHING and it takes a lot of time when you have lots of separate pieces of evidence. I also found it difficult to know what materials to use for everything. I struggled a lot with the fingerprinting kit, too, and don’t even know if I managed to use it successfully. Shows like CSI make the entire process look pretty easy and straightforward, but when you think of a crime scene in terms of how anything could be evidence, there are many more factors that might come into play. While you can read and read and read about what you’re supposed to do at a crime scene, everything is subjective go the circumstances: where the crime occurred, what type of crime it was, who is in the area, etc. Everything you do whether it’s the order that evidence is collected in or the type of things you take to the lab is subject to change based on the scenario. In my last role essay I found a website that talked about how the best way for someone to really learn about this job is simply by doing it. Shadowing and along-side training of actual CSIs is so important in this field because of how the CSI has to adapt to different environments. My experience really illustrated this point in my mind very clearly because although I had read the material multiple times, I still found myself feeling out of my element. Overall, what this experience has taught me so far is that CSIs have to be very careful in their work. They have to be sure to collect all evidence that is needed, along with preserving it. Being a CSI would probably be a fairly stressful job-- I say this mainly because I am the type of person that would have to check a scene over ten times before I could leave just to make sure I got everything because I wouldn't want to compromise the case. A CSI should be a very detail oriented person with an eye for what may be otherwise unnoticed; this is not a job for just anyone.
A CSI’s job doesn’t end at the crime scene; evidence has to go to the lab and be processed and evaluated. The FBI has a lab at Quantico with around 500 people who work with forensics. At this lab they do everything one would expect a normal CSI to do, with a little bit more expertise and specialized services. They do anything from examining blood spatter, checking for DNA matches, and analyzing bomb pieces prior to or after a detonation. This site overviews FBI practices within forensic analysis.
http://www.fbi.gov/about-us/lab
Contrary to popular belief, most CSIs aren’t actually full-time CSIs. Many are just police officers who fulfill another position after completing the required training. There are some civilian CSIs, however they get paid less than the police officer CSIs and aren’t trained as well to handle dangerous situations. This site reviews other basics for becoming a CSI and receiving training. http://www.icsia.org/faq.html
My role in this case is the that of the judge. I have not been able to play any part in the case so far, but I continue to learn about the aspects of my role from class, movie blogs, and research. So far, I have been keeping up with the media reports in order to understand the initial details of what is going in the case. These photos can certainly give me some insight into the psychological motivations of the perpatrator based on the knowledge I have developed in class. Although I will be acting as an unbiased source, knowing this information can certainly help for me to understand possible suspects. This case should be very interesting as it continues to develop, and I look forward to working with the prosecution and defense as they construct their cases.
As the judge in this case, I need to be able to act as both a professional and unbiased source within the court room. It is my job to understand and act on what components of the defense and prosecution's arguments to allow or strike from the record. It is very important that I continue to stay up to date on all the case details. This will prevent me from becoming ignorant in different components of the case, and having a complete understanding of all the elements of the case from its initial beginnings to my final sentencing. A large part of my role will involve coordinating with the two defense and two prosecuting attorneys as they develop their cases.
As this case continues to progress, the investigation will develop a full report and eventually attain a suspect. Once charges are formally brought against the suspect the defense and prosecution will start to construct their cases. It is my job to monitor the construction of both sides cases. I have to do this in order to determine whether evidence and arguments being used by both sides is allowable or problematic. If I do not do my role properly and mistakenly permit some problematic evidence it could lead to a momentous switch in the case. It is crucial that I interpret the laws and evidence involved with the case to the greatest degree of accuracy possible.
Other than the knowledge on my role that I have learned through class and my personal experience, I've been able to pick up some information up through the internet. In the United States the legal system as an adversarial setup, in which the defense and prosecution compete against one another to attain a victory in the trial. However, as the judge I am the sole position within the courtroom that acts as a nuetral interpretor of the law. If I were to take part within the competing sytle of the defense and prosecution I would compromise my role and the case itself. In addition to remaining a nuetral source, I have the responsiblity of controlling the procedure of the trial within the courtroom. Things have to remain orderly and professional at all times within hearings. Overall, I act as the directing source within the courtroom, the cases of both the defense and prosecution, and the final sentencing of the case.
http://www.cscja-acjcs.ca/role_of_judge-en.asp?l=5
I'm really excited to start fufilling the processes of my role in this case. Dealing with the prosecution and defense attorneys should be very interesting. Until my role becomes really active within the case, I will continue to stay up to date on all the other aspects that are occurring. The crime has been committed. Now it is time to delegate the justice necessary.
My role in the mock trial is being a member of the jury. We have not yet really participated in the trial as we are just getting into the crime. We will not really get involved until the trial and selection process actually starts.
In class we have not yet talked too much about the jury as we will be talking about them in detail after spring break. Though we have not went into detail I have learn some of the things we have been talking about can have a pretty big effect on a jury’s decision to convict someone. A pretty big factor in a jury’s decision to find someone guilty is whether or not the defendant confessed to committing the crime. For example, if a person is arrested for a murder and while in the interrogation process confesses to committing the murder in trial he will more than likely be found guilty. The confession carries a lot of weight in trial. This can be good and bad as we have learned there are at time false confessions and the jury could put the wrong person in prison.
Adding on a little to what we have learned from class about the jury is the jury instructions that come at the end of the trial. The jury instruction is the process where the judge gives the jury a bunch of instructions about the legal issues surrounding the jury in coming to together in making a verdict. As Dr. McLain told us in class this can be a long process. It can be as long as a half hour of the judge talking and reading to the jury these instructions. The wording in these instructions can be very difficult to comprehend as there are lots of legal terms used that many people may not know what they mean. We learned that the average reading of people is an eighth grade reading level. The instructions can be well beyond this. At the end of this process people can be left wondering what was just being said. This can bring about some hardships to for the jury members.
After doing some more research on the jury I have learned some new things. I learned that there can be this thing such as jury nullification. Jury nullification as according to umkc.edu, “is when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged.” They may resort to this outcome if they believe that the court or law under which the defendant is being prosecuted is either unfair or being used improperly. For example, if the jury believes that there was evidence that was being used against a defendant that shouldn’t be that can find him or her not guilty based on the courts misuse of that evidence. Also I learned about a term known as jury vilification. This is somewhat similar to jury nullification but here a jury may return a verdict of guilty even though the evidence that warrents the defendant innocents. This could be based on prejudiced or bigoted community standards.
Finally I learned a little bit about the laws that were created for a fair trial. The one that really relates to the jury is the "Jury Selection and Service Act." According to this law, all people in federal courts are entitled to trial by jury. Furthermore, they have the right to have a jury that is representative of the community. In doing this there needs to be a random sample and a fair cross section of the community. Also the law states that all citizens have the right to serve on a jury. So basically the court cannot leave anybody out. For example, if a black man is on trial for robbery they court can’t have an all white jury as this could bring about some discrimination issues.
http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html
http://books.google.com/books?id=-Nk0zZhLXQ4C&pg=PA324&lpg=PA324&dq=jury+vilification&source=bl&ots=V9A2lKsLo-&sig=NiLUMiLCVYPOqyKha8iZ-k5KwVM&hl=en&sa=X&ei=IwdZT6q6IuPm0QHGh8m5Dw&ved=0CFEQ6AEwBg#v=onepage&q=jury%20vilification&f=false
http://www.uscourts.gov/FederalCourts/JuryService.aspx
I struggled a lot with this assignment. I feel like there is only so much information I could find on the role of a character witness that I didn’t write about before in our first topical role essay blog. However, it is still important to look at what I have already learned and what I already knew about a character witness. Their job is to humanize either the defense or the victim. The character witness on the defense has a much harder job than the one who is playing for the prosecutor’s side. The character witness on the defense has a goal to make the jury realize that this suspect is a person. He or she is an actual human being who either A) could never do such a crime because of what great character they have or B) makes mistakes, it was an accident, it was justified, etc. They need to take the story that is forming in the minds of the jury and twist it into a light where the suspect doesn’t look half bad. Then there is the character witness for the prosecuting side. They have about the exact opposite job of the character witness playing for the defense. They want to create overwhelming sympathy in the jury for the victim. They could do this by testifying that the witness was such a wonderful person and would never do this. Another angle they may have is to focus on themselves and what a huge loss they have suffered from losing the victim. Whether the character witness is on the prosecuting or the defense side, they can be very impactful in a case.
http://definitions.uslegal.com/c/character-witness/
http://legal-dictionary.thefreedictionary.com/character+witness
http://www.torontocriminaldefence.com/articles/EpZuVVupVVUelCeYDy.php
One of the things I found out was that not all of character witness statements are in trial. Sometimes they use written statements. Now I’m sure this won’t happen in our case, because where would the fun in that be? But I did find it interesting. I feel as though a written statement would not be as strong as someone actually going to court and testifying. If a jury just reads a piece of printed paper or has it read to them, what good does it really do? Anyone can write anything down on a piece of paper. What makes a character witness so important is that it humanizes the defense or the victim. As I said above, a character witness’ goal is to create sympathy and understanding for the accused or victim. They are there to show the jury that this is a real person and not just a figment or a character. If I ever get roped into doing jury duty, a pierce of paper sure isn’t going to convince me of much. That is why the testimony on a stand from the character witness is so crucial.
http://www.ehow.com/how_4928647_write-good-character-witness-statement.html
It is important to know though, that not all of character witnesses can be beneficial to the case. This is especially true when we look at character witnesses for the defense (which is what most people think about when they think of character witnesses in the first place). Sometimes character witnesses won’t help at all, and can even do more damage than good to the defense’s case. This is because the prosecuting attorneys are given the opportunity to cross examine the character witness. This means they get the opportunity to question the character witness about the defendant. The prosecutors goal is to raise doubt in the character witnesses’ credibility with the jurors. Unfortunately, this isn’t exactly hard to due. As we all know from our own personal experiences, it is easier to remember and focus on the negative rather than the positive. So even though a character witness may have loads of positive information on the defendant, all the prosecuting attorney has to do is remind the jury of the bad deeds at hand, and then the character witness loses credibility.
http://www.apa.org/monitor/may04/crossexam.aspx
My role in our mock trial is a jury memeber. So far we havent been able to do much as far as the actual crime process goes. I am, however, learning more about my role as I learn more information from reading the assigned texts and lecture. I am slowly becoming more aware of what exactly is expected of me. I am actually a little nervous because I have realized that being a jury member involves much more than just an opinion on the situation. They have to take into consideration every single aspect of the crime and defendant and every little piece of evidence.
I was shocked to learn, during one of our lectures, that if there is any reasonable doubt in a juror's mind that the defendant is guilty, they are supposed to vote not guilty. This made me think of the Casey Anthony case. I remember how much everyone was hating on the jury after the case was over. How could she not be guilty? How could they not see that? Being in this class has really helped me understand that trails are much more complicated for the jury. There are many factors that go into the overall decision of the jury, and somethimes it can take a very long time, even days, to come to a consencous.
I have learned that the manner in which information and evidence is presented is extremely important to the way the jury percieves it. Jurors often place a lot of credibility on expert testimonies and professional opinions. Many times they can be so confusing, and they use language that normal people don't understand. This can make the jury assume that they are really smart so they must know what they are talking about. Jurors also are given a long list of directions to follow by the judge, and can make for a very long deliberation.
After doing some more research about the role of a juror i learned that the memebers of a jury are very likely to submit to group influence. If the majority of the jury agrees on one thing, it is likely that those who disagree won't speak up.
http://www.doar.com/marketing/web/jurythink.pdf
My role in the mock crime is a crime scene investigator. Before actually researching and learning about this profession I had little information about the roles of a CSI besides the ones showed in popular TV shows and movies. On this last Tuesday, March sixth the crime happened. We were called to the scene shorting after it was reported to the police. From previous research I learned that CSI's can be called out on the job day or night whenever and during whatever conditions. I was nervous when we were called to the scene trying to remember the step by step process a CSI should follow. Upon arrival my other CSI and I inspected the scene and everything around it that could possibly be evidence. I started to take pictures so we would know exactly how the body was positioned, where it was located, and other pictures that would be helpful later in the investigation. Next, we started trying to use the finger printing kit to possibly lift some fingerprints off of the door located right next to the body where the perpetrator would have exited out of. This proved to be a very difficult task. I don't know if we didn't read the directions close enough or didn't apply the correct amount of powder to the location but when we pulled up the tape provided in the kit we came up with no actual fingerprints. I was surprised by this because on TV shows and movies it always seems like they are not hard to collect, so I learned that was one thing thats exaggerated. After this we started documenting this evidence and placing it in evidence bags to preserve it. This was my least favorite part of the job. There was quite a bit of information that needs to be filled out in order to know exactly where it came from, a description of the evidence, who collected it, when (date), and other necessary bits of information for documentation. There was so many different items in the CSI bag it was hard to know what everything was for. Had I known what was all in there beforehand and how to use everything I could have probably collected better evidence. After some documentation I started collecting some blood evidence from different locations. One of the major roles a CSI does is collecting evidence and preserving it without contamination. This was more difficult than I had expected. There was only limited bags that could hold evidence. The evidence also determined what kind of storage would be needed for the evidence for example, you need something thats not paper for liquid (blood) evidence. Even though we had learned the duties of a crime scene investigator and I reviewed them right before class started it was hard to remember what all needs to be done and how to go about everything to prevent contamination. Ive learned that after all the evidence is collected that the CSI takes it to the lab to be analyzed then completes a report about all of the evidence. They often testify in court as well as an expert. From my experience, it would have benefitted me to have had previous experience. If someone were wanting to pursue a career in this field I believe it would be very important to follow an experienced CSI agent around for sometime to be able to pick up on some of the important details and duties that are involved with this job. The evidence collected can hopefully be used to put the perpetrator behind bars as punishment but if an unexperienced CSI doesn't preserve the evidence the conviction could be jeopardized. After doing some more research about my role after the first role essay was written I learned that theres two types of evidence that can be collected at a scene: physical and testimonial. The physical evidence serves the purpose as: proving a crime was committed, establish key elements of the crime, link a suspect with a scene or victim, establish identity of victim and/or suspects, and exonerate the innocent. Another role of CSI's that I learned more about was when sketching up a scene they sometimes have to use exact measurements. I learned that to become a CSI you have to first be a police officer which requires a bachelors degree in most cases.
http://www.crime-scene-investigator.net/dutydescription.html
http://crimesceneinvestigator.com/
My role is that of a police officer in the mock crime and trial. The police officer(s) are the first to the scene of a crime and as I have learned there are many responsibilities of the police officer while at the scene.
The first duty of the police officer at the scene of a crime is to attend to any victims who need medical assistance and the time of arrival on the scene needs to be recorded. The scene needs to be secured and all paths of exit and entry need to be noted. The next step is to identify the perpetrator, if they are not at the scene officers need to ask witnesses where the perpetrator went. The type of crime needs to be determined and officers need to broadcast an updated description of the incident. Next witnesses need to be identified, separated, and instructed to avoid discussing the details of the incident. Once the officer is one on one with a witness it is important to make the witness comfortable to obtain the most accurate information. All of the information obtained from the witness needs to be documented and it is important to encourage the witness to contact investigators with any more information.
I followed the steps above during the mock crime which occurred on Tuesday. As the first officer on the scene there was a lot going on but I made sure to take it one step at a time. I recorded time of arrival then had to get the media out of the area. Detectives arrived at the scene at the same time I did so we separated the witnesses and each begin obtaining information from them separately. I made note of everything the witness told me and asked open ended questions such as “what can you tell me about the perpetrator?” After I was done with the witness and told him to not discuss any information relating to the crime with other witnesses I began to canvass the area for any additional clues I could find. The immediate area of the crime was marked off and just CSI and detectives were in there but since there was nothing else I could do in terms of normal police work I tried to help the detectives look around the building. Once the trial begins I’m sure I’ll be called to the stand and will answer questions pertaining to information I obtained from the witness and what I saw.
My role is that of a police officer in the mock crime and trial. The police officer(s) are the first to the scene of a crime and as I have learned there are many responsibilities of the police officer while at the scene.
The first duty of the police officer at the scene of a crime is to attend to any victims who need medical assistance and the time of arrival on the scene needs to be recorded. The scene needs to be secured and all paths of exit and entry need to be noted. The next step is to identify the perpetrator, if they are not at the scene officers need to ask witnesses where the perpetrator went. The type of crime needs to be determined and officers need to broadcast an updated description of the incident. Next witnesses need to be identified, separated, and instructed to avoid discussing the details of the incident. Once the officer is one on one with a witness it is important to make the witness comfortable to obtain the most accurate information. All of the information obtained from the witness needs to be documented and it is important to encourage the witness to contact investigators with any more information.
I followed the steps above during the mock crime which occurred on Tuesday. As the first officer on the scene there was a lot going on but I made sure to take it one step at a time. I recorded time of arrival then had to get the media out of the area. Detectives arrived at the scene at the same time I did so we separated the witnesses and each begin obtaining information from them separately. I made note of everything the witness told me and asked open ended questions such as “what can you tell me about the perpetrator?” After I was done with the witness and told him to not discuss any information relating to the crime with other witnesses I began to canvass the area for any additional clues I could find. The immediate area of the crime was marked off and just CSI and detectives were in there but since there was nothing else I could do in terms of normal police work I tried to help the detectives look around the building. Once the trial begins I’m sure I’ll be called to the stand and will answer questions pertaining to information I obtained from the witness and what I saw.
My role in class is that of the eye witness. prior to this class I had not put much thought into the role. 'Eye witness' seemed too different, too unimportant to go along with roles such as Detective, CSI, judge, jury, police, etc. But now, from this class experience thus far, I realize that this role has an integral part in the justice system.
At first, I chose to be an eye witness because it seemed like the least amount of work and I could be one of the few that witnessed the crime. As the semester has wore on I have come to learn that, though there may not be much paper work done by an eye witness in a real life situation, it might be the most stressful role of them all. An eye witness is more than a sight into the crime, an eye witness is a person. And many people crack under pressure, especially when that pressure is placed upon by those in authority positions, such as police. Now that I have actually witnessed the mock crime I have realized the tremendous stress and anxiety placed upon the eye witness. Even in this mock situation I feel/felt a bit of a rush during the incident and pressure from the police to relay exactly what I had seen. I can only imagine what I'm going to experience when I sit on the stand in front of the judge, jury, and attorneys. Being the eye witness I have just a few objectives. Those objectives consist of recalling the details of the crime with as unbiased as well as accurate a memory as humanly possibly. I also am called upon to have a keen responsibility to relay the truth. Throughout this class, it has become apparent to me that testifying is very important. The eye witness's word is held above all other evidence in regards to importance. If an eye witness is not one hundred percent sure of what he or she saw, then it is his or her responsibility to relay that indecision. However truthful that is, an eye witness must also be aware of the tricks and loopholes attorneys use to lure witness's into their helping their plea. it seems to me that the justice system has turned into some type of game wherein it does not focus on justice, rather its main focus is on whom can alter the rules and whom is most clever in finding the letter of the law's flawed writings.
Overall this role has given me a new perspective on eye eyewitness and their testimonies. I've come to learn that it is more than just a simple recall of memory. It is almost an art form, a practice. It takes special courage to testify and remember specific details in the crime. Being an eye witness has made me realize in fact how powerful one's testimony truly can be. It showed me the police, detectives, CSI, etc. are all integral roles in the justice system, and the eye witness is no less important.
3/8/2012
Jury Duty:
I am a member of the jury for the mock trial that will be taking place in class. For this blog I will break down what I know into three parts. Part I is what I knew about jury duty before taking this class. Part II is what I have learned about jury duty since being in this course. Part III will cover my research about being a jury member.
Part I
I knew very little about being a jury member before taking this course. What I did know came from personal accounts (people telling me their stories) and movie/television shows. In general I knew that a jury is made up of everyday people – from the public. I thought they had some sort of interview process where potential jury members were asked to come in and answer questions. These questions would pertain to what kind of background knowledge one had. Where they currently work, previously worked, what types of experiences they had either with loved or themselves – all asking about things related to the case. If these persons had knowledge in the case, a relationship with someone involved, or were indirectly involved then they would not be asked to be on that particular jury. Before this case I thought it was important and upheld that there be no bias in the jury. For example if the defendant was a young black male then the jury would not be made up of all white people or all females. A jury of one’s peers means that they will have something in common with these individuals – similar life styles, background, etc. I was not sure who got to make these decisions or who would be asking the questions. I was not sure not sure how one could be to get a bias jury (who is in charge and who could make this happen- this will be readdressed in section II). I also knew that missing or not showing up for jury duty is a big deal! That is why my parents got to miss work, why teachers were gone from school, etc. growing up it always seemed like such a big deal that it was an excused absence. Then you were ‘on call’ in case you were chosen for jury duty. You had to stay in the area and listen carefully to messages, keep yourself available – all that made it seem very important.
Now these are the impressions that I got from others and from watching movies. I was not sure how accurate someone else’s stories were (maybe they exaggerated because they had to miss something important) or how much liberty writers took in order to spice up their stories.
Part II
I have learned a lot about jury duty (and entire court proceedings) during class meetings and through our assignments – blogs and the book report. My book report is not due until the end of this month, but once I started reading it, Echo from Dealey Plaza by Abraham Bolden, I couldn’t put it down; so I have already finished it. This book is an autobiography by the first black man to be in the secret service. He was not on duty when JFK was assassinated, but he had been guarding the president just previous. I am not very good at summarizes in short so I will avoid referencing the plot/story line. I will strictly talk about this book in terms of the jury(s). In this book it stated that the jury was not to discuss this case with anyone outside the courtroom (I was under the impression that they were not supposed to talk about with each other either until deliberation, but I may have gotten this wrong). Also in this book it seemed like the judge has an awful lot of control over the jury. Even though they are not to discuss anything privately (without attorneys from either/both sides present or state their opinion to the jury in a way that will sway them or imply that they should think/say the same).
While this book I was under the impression that all the information that is present to the jury is filtered through the defense, prosecution, as well as the judge. In class Dr. MacLin mentioned that all of the definitions relevant to the case and definitions of legal jargon that may be used is supplied is chosen and given to the jury by someone in the court, probably the judge. These already leave room for bias. This is also a lot of reading for jury members. Jury members have jobs, family, lives, outside of this court case. They may not have time to get through all of that information thoroughly or understand it fully. Being selected to be a juror requires no background in law or the court system/proceedings (sometimes that is what is preferred by the defense or both sides – the less ones knows the more easily they may be swayed). To me it seems like a tricky and stressful situation. Everyday people are thrown into these situations and must learn quickly a large amount of information and then they have to make important judgments based on that information.
Also in the Echo from Dealey Plaza, and it was mentioned in class, at times during a court proceedings something is said or done and the jury is instructed to forget what they have just witnessed. This is a very ignorant thing to say. Once we have experienced something we have cognitively processed this information – we will remember it and it will have an influence and interact with the information that is already being stored in the out memory. The way I see this is that when someone tells me to forget something I will remember it more clearly. I would start to think- why would they want to forget this? How is this not relevant? How is this information going to persuade deliberation and eventually the verdict? I would dwell on this information until it was set in my memory instead of being out of my memory.
I learned a lot about certainty of the jury from reading Bolden’s book and from class discussions. I did not realize that the entire jury had to agree on a verdict. It had been suggested in certain movies that I had seen (deliberation was not a main part of the plot, it seemed, so they did not give that much detail). It also never came up in my acquaintances recounts of their experience with jury duty. In the book Bolden’s verdict took much longer than anyone realized because one woman refused to agree with the others (and rightfully so). I was under the impressions that the jury’s verdict was a majority ruling. If more than half thought one way then that was the verdict. In hind sight this seems very stupid and I’m glad that our court system does not work like this. I have also learned a lot about the amount of certainty that one should have in either a civil or criminal case. In class we discussed burden of proof. In a criminal case burden of proof should be in the 90-95% range whereas, in civil cases it just barely has to be the majority 51%. I found this to be very interesting and I was not aware of these percentages.
Part III
http://wiki.answers.com/Q/Who_chooses_the_jury_in_a_court_case
This site discussed the overall process of that the just goes through. It starts with how we get selected. Out personal information (voting registration, license information) that is collected or on record and every few years out names will be selected from a database and we will be put into a pool. We are asked questions from both defense and prosecution attorneys to see whether or not we would be a ‘good fit’ for a juror on this trial.
http://www.judiciary.state.nj.us/juror.htm
This site is for jury members that reside in New Jersey. It goes through the general information that we had discussed in class. I talks about the importance of a jury member and all of the information that one is required to know in order to be a competent juror (I think these are things that we should be aware of as U.S. citizens, but I had very little prior knowledge of the information that was included in this document). This site discussed the differences between criminal and civil court cases and their requirements with the burden of proof. In document it says that in a criminal trial the jury is not responsible for coming up with the sentence only in civil trials is that the case. I wonder if these proceedings are true for all states or if this is strictly for New Jersey. I think it is interesting and apparently common for most Americans to have little knowledge of court proceedings. We could see this is a bad thing – we are uneducated about our own country’s judicial system or we could see as a good thing that we do not have this knowledge because we do not get in trouble with the law very often. Hopefully, but unlikely I would like to think we are the later.
I have not had to play a role in the crime for mock trial yet, as I am a jury member. However I will pay much closer attention to the information that we are given from the judge and I’ll be more carefully with the amount of certainty I have while deliberating.
My role in the mock trial is a part of the jury. We haven't gotten to talk about the jury much in class yet. We haven't had a part in the actual crime yet either. Our part will happen more when we actually get to court. I won't have much to play a part in the trial until the selection process starts. I know that every jury member has to be chosen to be apart of the trial and to see if the suspect is guilty or not guilty. During the jury process you get a letter and you have to call in to see if you are to be summoned for jury duty or not depending on the numbers they call. A lot of people don't like being on jury duty because it takes a lot of time out of your everyday life. Some juries can last for days or even weeks. What I learned this year about jury duty is that they pay you for the days you are there or for the miles you drove to get there.
Jury duty is a very important role in trial because they are the ones that decide if the suspect is guilty or not guilty. It can take hours to deliberate, but in all they are the ones who decide with the help of the evidence and all of the things that the attorneys tell them. The jury sits through the whole trial and listens to everything including the witnesses being questioned, the attorneys statements and what the prosecutors have to say. They have to listen closely to everything that is being said in the trial to get an accurate view of the whole entire trial. I think that it's odd that if the jury thinks the defendant is at all guilty they are suppose to say that he is not guilty. I don't understand that much but I guess it all has proper meaning.
I think it's very interesting that ordinary people can be chosen to be on the jury for cases. I don't even know what I would do if I was chosen to be on a huge case. It would be too much to take in and think about. Being a jury member is an important role in trials. Without them there may not be a verdict. I'm glad I chose to be on the jury because I get to sit back and listen to the entire trial and then decide what I think. It's going to be fun to deliberate with other people and to get the whole trial while just listening and not playing an active role in the case until the very end. I'm excited to see how the whole mock trial plays out. I've never been apart of a trial and it's going to be cool to see it all together.
http://www.judiciary.state.nj.us/juror.htm
http://www.state.wv.us/wvsca/juryinfo/juryhdbk.htm
I am one of the police officers in this trial. We have already begun our involvement in the case. On Tuesday, the crime took place. We reported to the location of the crime and began to do our duties. First, we cleared the area and made sure that the area was safe. By surveying the area, we were able to determine there was no immediate threat to the scene. Next, we identified and separated the witness. We proceeded to interview them, and collect their statements.
Walking into this role was a little difficult. Without previous experience, I wasn’t sure how to handle a situation. I often asked myself what we were to do next, or if we were doing it right. I think it takes a lot of confidence to walk into a crime scene and access the area. I also felt like I should be doing something. After we secured the scene and did the initial responses, we hung around waiting for CSI to do their job. We assessed the path that the perpetrator was claimed to take; however, there was not much else to do due to the very low key scene. If it were real life, I would have been controlling spectators and keeping the crime scene uncontaminated. Something else that was very common thought was how there were so many options or places the suspect can go. I repeatedly had to realize that this was just like real life, only this is smaller scale.
Seeing’s how our role has already started, I decided to research more about what a police officer does after the initial crime scene. IT was really difficult to find information about what an officer’s responsibility were after the crime had been committed. All the websites listed the different duties that a police officer held. The first website I found that gave more than duties, was very short. However, it gave a general basis of what they do. Officers give a testimony during the court process and work on follow up investigations. They also protect the evidence.
http://www.ncvc.org/ncvc/AGP.Net/Components/documentViewer/Download.aspxnz?DocumentID=45713
The second website I found gave a little more insight. It discussed how the officers spend a lot of their time doing paperwork. Most of the their work requires different jobs at the scene such as guiding traffic, and providing first aid. It suggested that officers in larger cities usually have specific roles when they arrive at the scene. Along those lines, some officers have special training in their department such as fingerprint identification, firearms training and chemical analysis. This website was a lot more helpful when learning about the career path of an officer
www.careerserachdatabse.com/police-detective-career.html
For the mock trial, I am to assume the role of juror. What I knew before I came into this class and mostly through information my dad gave me (he was part of a jury last month in Des Moines) was that the duty of the juror was to take time off of work to listen to some court proceedings, meet in a room with the other jurors, hand down a verdict, bing-bang-boom. Throughout the class and my readings, my viewpoints on a juror's responsibilities have changed. I know now the full gravity of what it is the juror represents and what their duty is to the public in providing the service as a juror. Someone's life is quite possibly in your hands and it is up to you (and your fellow jurors) to do what is just in allowing that person freedom or condemning them for their accused crime.
Over the past several weeks, I have found out several interesting bits of information as I have scoured the web in search of more information regarding juries, jury selection, and juror duties and responsibilities. I have to admit that after class on Tuesday, I got a little nervous. I saw several students frantically gathering their things to rush off to the crime scene and I realized that although I have collected a vast amount of jury-related information, I really don't know what to expect during trial. I wondered throughout the class who my fellow jurors were, whether or not conflicting religious or moral beliefs could play a factor in deliberations, as well as other various reasons that things could possibly go array in my role. As we progress through the trial and the semester, I will be looking more into juror relations in order to get a better grasp of any "issues" that may be commonplace as well as how to react when these things happen.
Much of what a juror does seems to be mostly common sense. However, there are things I have read that make me say "Duh, I should have known that." For starters, jurors are able to take detailed notes. When I read this I thought "It would be awfully stupid not to." It's just that every time I have ever seen juror whether it be on CourtTV or on a movie the full attention is on what is being said. I have never noticed pens, paper, or anyone doing anything at all other than paying full heed to what is being said at the moment. Perhaps by writing things down, a juror would possibly miss a vital piece of information? I suppse it is possible that at the very least this could limit the amount of notes a juror elects to take. Also, a shocking bit of information revealed that it is a punishable offense (contempt of court) to discuss juror votes or statements AFTER a trial is over or even to try and find out what way a juror voted -- 10 or 20 years AFTER the court proceeding have ended. I found this to be especially interesting when so often these days you see news reporters interviewing jurors of famous criminal cases (C.Anthony/OJ Simpson to name a few).
http://www.adviceguide.org.uk/scotland/your_rights/legal_system_index_scotland/jury_service_scotland.htm#JuryServiceBeingajuror
This essay should show your developing knowledge of your role in the mock crime/trial. You should discuss and describe what you are learning about your role. If you role has been engaged in the class project already, make sure to discuss your experience (without divulging case-sensitive information!
Although the crime has taken place the jury has not had anything to do and wont until the trial takes place. In reality a jury selection process would be starting to begin. They would call in 100 or more people to select from and slowly cut it down to just the few that actually make it into the courtroom as the jury.
Since we haven't discussed the Jury much in the classroom I am slowly learning things here and there. I began my role as a jury member thinking this job would be pretty simple, but the more I hear the more I realize the more difficult being a jury member will be. It is a lot simpler because this is not a real crime and no one is taking on an actual sentence, but I cant even imagine how hard it would be to sentence someone in reality.
I have found that a confession will most likely lead to a conviction even if it is false. It plays on the jury's mind and they are not able to overlook the confession even if there is hardly any evidence to convict them without it. Jurors get the idea that if they confessed then they did it, but many haven't learned about the pressures behind false confessions.
Tuesday in class I learned how the jury's verdict is very strict when it comes to a plea of innocent by reason of insanity. there a bunch of guidelines a jury must follow in making our verdict. If prosecution provides enough evidence to prove guilty beyond a reasonable doubt then the Jury will most likely say the defendant is guilty.
http://witnesslab.ua.edu/wp-content/uploads/2011/07/Titcomb_Semon_Brodsky.pdf
I have come to realize the importance of the jury. Before this class I didnt realize the impact they have on a trial and thought it was a simple task. They may be one of the most important aspects of a trial because they make the final decision. They say weather the defendant gets to walk or if they go to jail. The entire trial is attention goes to the jury and trying to make us believe that the defendant is innocent or guilty depending on which side your representing. All in all I have a whole new respect for jury members and all the crap the have to dig through to find, what they hope to be, the truth.
I have the role of the profiler. So far, I have learned that the profilers job is to gather up all the evidence, crime scene photos, etc. and study them to come up with a possible profile of the perpetrator. Such things include the persons sex, race, where they may live, what they might do for a living, their social life, their habits, etc. It is also our job to figure out how we think the crime occured. A profiler must put themselves in the mind of the criminal and the victim and put in sequence what they think happened. A profiler will then write down everything they find and give it to the police to help them with their investigation. Profilers may also testify in court as to how their profile was formed and why the characteristics fit the defendent.
Unfortunately it is very hard to make it as a profiler. The FBI is considered the top place to be one, but even there you have to have at least ten years of field experience, be an agent already, and have extensive schooling in forensic psychology. Other places also require you to have a masters or more in some type of forensic psychology, clinical psychology, or counseling. This can take 5 to 8 years of schooling. Typically, a profiler or any sort of psychologist in this field can make anywhere from $45-108,000. However, you also have to work hard and have a lot of schooling and experience to work your way to the top and earn that sort of salary. It also depends on where you live. Some profilers will even self-employ and profile only when called in to aid in an investigation.
This site was really great at telling about a profilers job and how you would get to be one.
http://www.ehow.com/about_5370494_criminal-profiler-job-description.html
This second one was where I got my information on how much profilers make.
http://www.ehow.com/info_12042230_salaries-criminal-profilers.html
This third site tells the steps one would take to become a profiler.
http://www.ehow.com/how_12085384_become-professional-profiler.html
My role is a jury member in our mock trial. Due to the fact that we are just entering the crime, the jury has not played a role in the trial yet. We have not discussed my role in class much, but I have gained some new information through lectures, readings, and movies.
I have learned some information through our classroom discussions about the jury. For example, if the defendant confesses to committing the crime, the jury will most likely convict them. If does not matter if the jury is told that the confession was gained by an interrogation or if the judge tells the jury to ignore this fact when they are deliberating.
In my previous essay, I discussed the instructions that are given as to what the jury is to consider and what law applies to the case. In class we were told that this is a very long (and can be boring) process. The instructions can also be complicated and hard to understand. I have also learned that the judge may tell the jury that some information provided in the case is taken off the record, such as in the movie Primal Fear. Even though this is said, it does not change what the jury has heard and how it may affect their decisions.
Due to the lack of new information that I have (my role is being discussed after break), I chose to do some more research on the role of a jury member.During the trial the jurors are allowed to take notes. They may also pass notes to the foreman of the jury to ask the judge to explain certain aspects of the case. I learned that if the jury members cannot come to an agreement on the verdict, it is a hung jury and the judge cannot pronounce guilt on the accused. It is an offense for any person who is not a member of the jury to attempt to influence a juror. The juror is expected to be impartial and independent. At the end of the case an official has to keep the jury together until a verdict is reached. Jurors are taken into the jury room and are not allowed to have any contact with anyone outside the room. In regards to my discussion earlier about inadmissible evidence, it may still have great impact on the guilt or innocence of the defendant. Jurors need to decide the facts of the case. The jury does not have a role in sentencing; they are just in charge of deciding the guilty or not guilty verdict.
http://www.sundaylaw.net/books/other/standish/liberty/litb04.htm
http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/DFA2D24C4A929DD880257044004FC053
This essay should show your developing knowledge of your role in the mock crime/trial. You should discuss and describe what you are learning about your role. If you role has been engaged in the class project already, make sure to discuss your experience (without divulging case-sensitive information!)
Within any trial, the prosecution and/or defense attorneys may call upon the professional opinion of an expert witness. An expert witness has their doctorate in any area (within psychology) and the attorneys will seek help from someone specializing in a field that will facilitate their case.
In cases involving mental illnesses, the expert witness will usually conduct a psychological evaluation of the suspect or perpetrator after reviewing the case file. When called upon to take the witness stand during the trial, one attorney will build up the credibility of the expert witness while the other will try to minimize it. This can be done via bringing the education, area of research, amount of professional field experience, past expert witness testimonies, and other history to the attention of the members of the jury.
Another area in which expert witnesses are used is that of memory; however, in select states, judges are often reluctant to allow scientific experts on memory to testify. There are a variety of reasons for why this happens. One of these reasons is that everyone has a memory, so everyone thinks they are an expert and are aware of and understand all its inner workings when in fact, memory is a relatively autonomic process and a majority of people posses very little knowledge about it. Judges seem to think that the opinion and information an expert witness may bring forward will confuse the jury.
I was interested in finding out how attorneys choose an expert witness. From this site: http://blog.ceb.com/2010/08/02/10-tips-for-choosing-the-best-expert-witness/, I found ten tips to consider when making this important decision:
1. Check qualifications
2. Consider effect on jury
3. Access capability
4. Ensure independence
5. Confirm availability
6. Consider compatibility
7. Prepare for claims of bias
8. Confirm acceptance of position
9. Consider experience or inexperience
10. Decide between insider and outsider
For this mock trial, I am a member of the jury. Since our case hasn’t gone to trial yet, I have not played a role in the process. Eventually, I will listen to the defense attorney and prosecuting attorney and make a decision on whether or not I feel the victim is guilty or not. We haven’t discussed the jury much in class, but I have learned a few things from the textbook and from websites online.
Jurors are selected at random. It is mandatory that you report for jury duty, unless you have a legitimate excuse. You may be required to miss school or work in order to take part in the court proceedings. According to law, you cannot be fired or threatened to be fired by your employer for missing work due to jury duty. Jurors are selected from a master list. The list receives the names from registered voters and licensed drivers. A computer randomly selects the name.
After the jurors are selected, they are required to swear or to affirm, that they will "...try the matter in dispute and give a true verdict according to the evidence." When the jurors take this oath, they become the judge of all questions of fact and are duty bound to act fairly and impartially in considering the evidence presented.
I also researched how jurors should behave during the trial:
There are certain rules that all members of the jury must follow to ensure a fair trial. During the trial, jurors should not talk about the case with other jurors, or with other people, or allow people to talk about the case in their presence. If a person persists, a juror should report the incident to the judge or a court official. Jurors are given juror identification badges during their service so that no one mistakenly attempts to engage them in conversation regarding any case details.
Jurors should not talk about the trial with witnesses, lawyers, or anyone else related to the case during the trial because it could appear that something unfair is going on even though the discussion may have nothing to do with the trial. The judge may also instruct jurors not to listen to the radio, watch television reports, or read articles regarding the trial. Even if the judge does not specifically prohibit it, jurors should not read or listen to news reports about the trial during the trial.
Being summoned for jury service does not guarantee that an individual will actually serve on a jury. When a jury is needed for a trial, the group of qualified jurors is taken to the courtroom where the trial will take place. The judge and the attorneys then ask the potential jurors questions to determine their suitability to serve on the jury, a process called “voir dire”. The purpose of voir dire is to exclude from the jury people who may not be able to decide the case fairly. Members of the panel who know any person involved in the case, who have information about the case, or who may have strong prejudices about the people or issues involved in the case, typically will be excused by the judge. The attorneys also may exclude a certain number of jurors without giving a reason.
http://www.judiciary.state.nj.us/juror.html
http://www.uscourts.gov/EducationalResources/CourtroomEvents/JurorAppreciationAndLawDay/WhatYouNeedToKnowAboutJuryService.aspx
I am one of the detectives for the mock crime/trial. Since the case has already started my involvement has obviously started as well. When the call first came to the police officer on call I was excited to see what we were getting ourselves into. On the way to the crime scene I found myself staring at every person that walked past thinking that they had something to do with it. I also found myself kind of on age because I didn't really know what to expect when we arrived at the crime scene and not really knowing what to do since being a detective isn't something I do on a daily basis. It seems kind of chaotic when you arrive to the scene because you're not quite sure of what to do since you have no training but it's also kind of nice knowing that there are other people that are in your position as well and i think that kind of makes it fun trying to figure everything out together. I, as well as police officers and the other detective, started by blocking off exits and trying to keep the media out of the way. Next we interviewed the witnesses and after that we scanned the building to see if we could find anything else that could be evidence left behind by the perpetrator. We also walked around the exits and walked through some scenarios of escape routes to try and get into the mind of the perpetrator and try and think what they're thinking.
After doing a little research, I found out that in order to become a police detective you must first be a patrol officer. To train to be a patrol officer you have to spend around three months in the police academy where you will learn about rights and laws and what to do in certain situations. To become a detective after being a patrol officer for some time you will have a better chance of becoming a detective in more populous areas. There are also FBI detectives that go undercover, do surveillance, and other forensic activities. The requirements for working for the FBI are more strict. You must be between the ages of 23-26, three years minimum in a full-time job related to criminal justice, you have to go through extensive background tests, oral and written exams, and psychological tests. FBI detectives investigates things like drug trafficking, terrorism and anything dealing with federal law violations. If accepted into the FBI academy, you must complete and twenty week training course.
http://howtobecomeadetective.net/
I am a member of the jury for the court case. We have not talked too much about the jury in class so far and we are not able to be a part of the process until it is time to hear the case the attorneys have put together. Juries have a very important role in the criminal process. They ultimately are the ones who decide whether the defendant is guilty or not. Every individual who has to go to trial has the right to a trail by jurors of their peers who are not biased against them. Every person that gets a letter for jury must go in and get questioned. The questions that are asked are meant to reveal the individual's tendency to favor the prosecution or defense. I found a website that talked about different kinds of questions that potential jurors are asked: affiliative questions and attitudinal questions. Affiliative questions are meant to discover the individual's membership in different social and cultural groups that influence their thinking to different social issues. Some typical questions that fall into this group are what is your age, occupation, education, political values, etc. These questions alone cannot rule out a jury member unless their answers give the impression that they have extreme values and thoughts about specific political values. The next type of questions asked to potential jurors are attitudinal questions. These questions are designed to identify the person's consciously held beliefs about social issues. Commonly, the questions asked are to investigate their ideas and beliefs about the criminal justice system and legal processes. There has been a big push to get away from using these questions and start using experiential questions. These ask about personal experiences that are similar or relevant to the case at hand.
Juries can last one-two days or several. It just depends on which court you are in and what the case is. I read on a website for the role essay that the court usually does not pay the individual or reimburse their travel. I read some of the other student's blogs and they have said that they do get paid. A different website said that the jury members will be paid $15.00 starting on the second day of the trial. Most employers will still pay their employees when they are summoned. We talked in class that the judge gives a very lengthy statement to the jury during the trial. He or she reads them the rules and laws that they are to follow when deliberating. This can last round half an hour. In court cases dealing with the insanity defense, it is very hard for the jury to find the defendant not guilty. The insanity defense is so hard to prove, so it mostly ends up failing. Jury decisions for most cases have to be unanimous. If even one person does not vote with the group, then they must proceed with their deliberation.
http://public.findlaw.com/abaflg/flg-15-3g-1.html
http://www.all-about-forensic-psychology.com/jury-selection.html
http://www.co.grays-harbor.wa.us/info/judicial/jury_service.html
I have found that actually experiencing what it's like to be a part of the media is much more effective than reading about it. Even though we're only so many days into the case, I have to say that my role is hard. My job kind of clashes with the police's job...I know that the police need to solve the crime and the government needs to do what they need to do to lock up the perpetrator, which can sometimes be interfered with by the media. However, I have two problems with the way that the two clash...first, it might be their job to solve the crime but I also have to make a living (grade) on keeping the public informed on what's happening in their community. Second, the media can be a very powerful tool, and I feel like the police department is not adequately utilizing the potential power. Every person I talked to in the police department on the day of the crime and ever since then has had "no comment." I have no information whatsoever besides the firsthand investigation I've been doing. If there were a real murderer on the loose, there would be an uproar if the police didn't even notify the people to watch out. Let alone, if they have any description at all of potential suspects, they could use the media to have people report suspicious persons matching a certain description. The police gave me absolutely nothing, and therefore gave the citizens absolutely nothing. If this were a real crime, the murderer could be your next door neighbor and you wouldn't even know to suspect anything because the police have still not released an official statement even saying that there was a murder.
Sure, due to my investigation, there is at least a basic story out there for the citizens to read...but none of it is backed up by the police. If it weren't for the fact that I have pictures (which should usually prove some credibility) my story could all have been made up. None of It has been verified by the police.
It is interesting to live through this experience, because even though we all know that we're just playing roles, sometimes the emotions really get to you and you act outside of your own personality to fulfill the role...it seems similar to the Stanford prison experiment. This is a great learning experience!
My role is being one of the detectives in this case. The role of the detective depends on what branch the detective is apart of whether is local, state, or federal. Detectives typically patrol their jurisdictions and investigate any suspicious activity. Their job also consists of writing reports and maintaining records of incidents they encounter. Detectives also quesiton witnesses and attempt to find suspects and hopefully find and capture the perpetrator.
When our dispatch recieved the call about the crime we rushed to the scene. We then reached the crime scene and the detectives(not including me) questioned the witnesses after the victim was pronounced dead. Since a police officer got to the scene first and already started questioning I decided to block off the crime scene. I then contained the media and taped off the door in order to prevent media from taking any pictures through the glass window. After making sure the media wouldn't become another problem I then started to help the crime scene investigators gather evidence. I don't want to give away valuable information to the media so I'm going to stop while I'm a head. After gathering all of the evidence we cleaned up the crime scene. Now that we have all the evidence we could gather it's time to start determining who the perpetrator is.
Here is a website that describes the job of a detectives and police officers.
http://www.bls.gov/oco/ocos157.htm
I am one of the prosecuting attroneys for the mock trial. I have not been involved in any of crime yet because it just happened. I am assuming I will be getting notified sometime soon, after the detectives get all of their evidence sorted through and come up with a case. Once they believe they have strong enough evidence against their suspect they will contact the prosecuting attorneys to take the case to court. Once I receive their evidence and lab reports then it is up to me and the other prosecuting attorney to make a compelling case to use against the defense. Since the evidence we receive isn't put into a nice order and spells out exactly what happened, it is our job to read through the lab reports/evidence reports and come up with our own timeline of what happened. We need the evidence of the police to be collected properly and handled properly so we can use it in court. If this isn't done correctly we may not be able to present it in court. After we receive the evidence, we need to determine what type of charges to bring against the prepetrator. For example, this semester's crime was a murder so we need to decide if it's first degree murder, second degree murder, or manslaughter. Once in court we will present our case to the judge and jurors through expert testimony, the evidence collected, and any eyewitness testimonies.
After further research I also found out more information about prosecuting attorneys. First, the attroneys have to go infront of a magistrate judge to present the initial hearing. Then attroneys move into the pre-trial stage. This is where the attorneys familiarize themselves with the evidence more, talk to witnesses, develop a strategy for court, and anticipate the problems that could arise in court. Attroneys also tend to practice statements that they are going to use in court, this is called moot court. One of the biggest parts of the pre-trial is that the prosecution needs to provide the defendent with any facts or evidence they are planning on using against them in court. If the prosecution fails to do this they can have charges/sanctions brought against them. If the prosecution develops such a strong case against the defendent and they know they will not win in court, they may confess to the crime and take a plea agreement from the government. The last step in pre-trial is Motions in Limone. This in when either the defense or prosecution submit a motion to the judge in hoping to have a decision made before the trial begins. Once the trial begins, both sides to make sure that nobody on the jury knows the defendent, the prosecuting attroney, or the defense attroney to make sure they don't have a conflict of interest. Defense and prosecuting attroneys both give direct examinations and cross examinations. The steps include: (1)Prosecutor's Direct Examination of First Witness (2)Defense Attroney's Cross Examination of First Witness (3)Prosecutor's Redirect of First Witness (4)Prosecutor's Direct Examination of Second Witness (5)Defense Attroney's Cross Examination (6) Prosecutor's Redirect. These steps keep repeating until all of the prosecutor's witnesses have testified they switch and follow the same steps for the defense's witnesses. After they are finished the defense rests and both sides present their closing arguements to the jurors. After the jury has deliberated the attroneys wait to hear the verdict when they figure out which side wins. Overall, the prosecutors are working very hard to do what is legally and morally right in hopes to see that justice is served.
I found some of this information at these websites:
http://www.justice.gov/usao/eousa/kidspage/prosecutor_text.html
http://www.wisegeek.com/what-does-a-prosecuting-attorney-do.htm
My position in out classes mock trial is the role of the baliff, also known as marshalls or court officers. The case has not yet come to where I have had to come into the contact with the case. In the book "Careers in Criminal Justice and Related Fileds" by Harr and Hess (2010) they list baliffs duties as "Which vary by location, include enforcing courtroom rules, assisting judges, guarding juries from outside contact, delivering court documents and providing general security for courthouses".
The book also states that some positions are sworn police officers and deputies and some are nonsworn, unarmed personnel. Violence in the courtroom is greater then its ever been according to this book so being a sworn police officer or deputy would be a big advantage when it comes to protecting the people inside the courtroom. The pay for this position varies by what level you are in federal baliffs make the most money but even local baliffs can make close to thirty grand a year, which compared to some other some other more dangerous type of work sounds pretty good to me.
I actually did experience my role this week. As one of the eyewitnesses, I was one of the first and only people to actually see the crime occur. Now I understand why false identification can happen so easily. Honestly when we saw the crime, it felt like it was over in a second. You barely had time to register what was happening before the criminal was sprinting away! I'm sure that's probably what it's like when a person witnesses a real crime. No criminal worth his/her stuff is going to stick around for someone to see his/her features and be able to identify them.
I can also understand why leading questions from an investigator could easily poison a witness's memory. While I have a relatively good memory, it's hard to be confident in a memory of a scene that took place for 10 seconds tops. Then we are asked to describe what we saw, and it's ridiculously nerve-wracking because you are absolutely terrified to give the wrong information. I am still second guessing my memory and cursing myself for it. I was even expecting the crime to occur. I can't imagine how unsettling viewing such a scene would have been if I was completely caught off guard.
The weight of the importance of the eyewitnesses really descended on me after we saw the crime. Everything about this case is only developing from what WE said we saw. The investigators will search for a suspect that matches the description only WE could provide them. Without the eyewitness, those investigators wouldn't have had any idea what sort of person they were looking for. It's also likely that my job will stop here. I don't know if in this mock case there will be a line up or not, but I or one of the other eyewitnesses will probably be called to testify during the trial. I imagine that will be even more painful than just giving our statements to the detectives. The idea is a little daunting, so I have gained a lot of respect for the people who witness crimes and have the guts to report the crimes to the police. As we saw in class, only a tiny fraction of crimes committed are actually reported and tried. If these witnesses had not spoken up, it's possible that some really dangerous criminals could get away.
Overall, I guess from this experience I have gained a lot more respect and understanding for eyewitnesses and the pressures they have to face all for the sake of justice.
My role is a jury member in the mock trial that will be going on soon. We haven’t really touched basis with what all a juror does, but I see in the schedule we’ll be gaining more knowledge on everything a jury does during a court proceeding in the upcoming weeks. However, I have gained a few more interesting facts through the lectures discussed in class and online information.
In our class discussion we have mentioned how if the defendant confesses to a crime in which they admit they committed, the jury will be very likely to convict them. It wouldn’t matter whether the jury gets told by the judge to ignore that fact whether it be true or not, because now that information that was spoken out loud is engraved in the juries head for the rest of the court proceedings.
A few things I have learned about being a part of a jury is you are allowed to take detailed notes. I guess it never really registered through my head that this would be allowed, because in all the trials I’ve seen on TV or in real life, the main focus is usually on the defendant and what they did wrong, and there’s barely any attention on the jury until the verdict is needed. Personally though I think it would be pretty tricky for a juror to take complete detailed notes during a trial, because some trials can move along quickly, so I think maybe there should be a limit of how much you should really write down to help loosen up the speedy writing that a jury is trying to do. Another interesting fact I learned about as a juror you have an oath not to discuss what goes on in your trial with reasoning to the votes or statements, and this includes during and after the trail is over for 10 or so years. If you do end up spilling what went on, you could be held for contempt of the court, which is a very punishable offense, indeed. So basically the jury’s main role in these court proceedings is to sentence the convicted, whether they are guilty or not guilty, and that’s it. They can’t have any contact with others outside of the jury, especially when an official has to keeps the jury in a room, until they all can reach a verdict.
This site talks about note-taking during criminal trials.
http://www.jstor.org/discover/10.2307/1139806?uid=3739640&uid=2129&uid=2&uid=70&uid=4&uid=3739256&sid=47698738190307
This site mentions how you aren’t allowed to talk with or discuss with anyone outside your jury about what’s going on in your trial.
http://www.cnn.com/2011/HEALTH/06/28/jury.stress.ptsd/index.html
I posted this around 11:00 last night. It failed over and over to submit so I am trying again.
For the mock trial, I am to assume the role of juror. What I knew before I came into this class and mostly through information my dad gave me (he was part of a jury last month in Des Moines) was that the duty of the juror was to take time off of work to listen to some court proceedings, meet in a room with the other jurors, hand down a verdict, bing-bang-boom. Throughout the class and my readings, my viewpoints on a juror's responsibilities have changed. I know now the full gravity of what it is the juror represents and what their duty is to the public in providing the service as a juror. Someone's life is quite possibly in your hands and it is up to you (and your fellow jurors) to do what is just in allowing that person freedom or condemning them for their accused crime.
Over the past several weeks, I have found out several interesting bits of information as I have scoured the web in search of more information regarding juries, jury selection, and juror duties and responsibilities. I have to admit that after class on Tuesday, I got a little nervous. I saw several students frantically gathering their things to rush off to the crime scene and I realized that although I have collected a vast amount of jury-related information, I really don't know what to expect during trial. I wondered throughout the class who my fellow jurors were, whether or not conflicting religious or moral beliefs could play a factor in deliberations, as well as other various reasons that things could possibly go array in my role. As we progress through the trial and the semester, I will be looking more into juror relations in order to get a better grasp of any "issues" that may be commonplace as well as how to react when these things happen.
Much of what a juror does seems to be mostly common sense. However, there are things I have read that make me say "Duh, I should have known that." For starters, jurors are able to take detailed notes. When I read this I thought "It would be awfully stupid not to." It's just that every time I have ever seen juror whether it be on CourtTV or on a movie the full attention is on what is being said. I have never noticed pens, paper, or anyone doing anything at all other than paying full heed to what is being said at the moment. Perhaps by writing things down, a juror would possibly miss a vital piece of information? I suppse it is possible that at the very least this could limit the amount of notes a juror elects to take. Also, a shocking bit of information revealed that it is a punishable offense (contempt of court) to discuss juror votes or statements AFTER a trial is over or even to try and find out what way a juror voted -- 10 or 20 years AFTER the court proceeding have ended. I found this to be interesting especially when so often these days you will see some news reporter interviewing one of the jurors in the case
http://www.adviceguide.org.uk/scotland/your_rights/legal_system_index_scotland/jury_service_scotland.htm#JuryServiceBeingajuror