You will need to visit a courthouse and watch a proceeding sometime this semester. When you have completed your visit, please post your remarks there. Please let us know in your post where you went, what you saw and experienced, and how long you visited. Please be sure to discuss what aspects of psychology you saw in action during your visit.
Tips:
-Courthouses are public places. You are allowed to be there.
-Many courthouses require you to go through a metal detector; leave pocket knives, etc, at home.
-If you are not sure where to go or what to do, you can always approach the jury information window; you can tell these people that you are student and need to see a court proceeding. They will tell you which court rooms have stuff going on, and will often give you their opinion about what might be interesting to see.
-Sit in the back of the courtroom, in the gallery area; turn OFF your cell phone.
-You do not need to stay for the whole proceeding; it is acceptable to quietly enter and leave proceedings.
-Don't be surprised if the judge acknowledges you; they sometimes do and are usually quite happy to have students in their courtroom.
This morning, while at home in Boone, I took a trip down to the Boone County Courthouse. My mom is a dispatcher, and she told me that there would be some initial hearings this morning from the night before and earlier in the weekend. Had this assignment been due about two weeks later, I could have sat in on the murder trial that will begin shortly. Nevertheless, the procedures I saw this morning were very interesting.
When I arrived at the courthouse, I went into the Clerk of Courts office to see what I would be in for. The women were very short with and told me to just go sit upstairs (where the district and associate district courtrooms are located) and wait for something to happen today. As I reached the courtroom, I ran into a secretary in the hall, and explained why I was there. After consulting with the others in her office, she introduced me to the District Judge and the Magistrate. The three of us talked about the division of trials and hearings in Boone County and what I was likely to see.
Since there were no trials scheduled, I went into the Associate District Courtroom to await the beginning of the day. Before long, a jailer brought in someone who had been picked up over the weekend. The jailer, a usually very friendly woman, barked short commands at the mid-twenty year old. When the Magistrate came in, the defendant stood and approached the bench. The magistrate read the charges and affirmed that the defendant understood his rights. He was being held on $2,000 cash bond for violating a no contact order. He was already awaiting trial for domestic abuse. No one was injured in the previous situation, so the charge was a misdemeanor. At this hearing, the defendant did not enter a plea. A date for further proceedings was set and the defendant was advised that he was entitled to an attorney and the state would provide one if he could not. He told the Magistrate who would be defending him. When all of the information was entered, was escorted back across the street by the jailer.
The Magistrate and I sat and discussed how the court system in Boone works, judge discretion, and issues of bond. He spent some time answering my questions and making conversation. After fifteen minutes, a hungover Iowa fan walked into the courtroom. The Magistrate asked for his name and went to collect his paperwork. In the meantime, the guy tried to strike up a nice conversation.
“Did you know you can get arrested for knocking someone’s phone out of their hand? What’d they get your for? Something stupid?”
“I’m here observing for a class I’m in.”
“Are you in a Criminology class then?”
“It’s psychology and law.”
“Oh. That’s too smart for me. I just weld. There has to be a better way to get out of work than this. The judge refused to see me yesterday because I was still so drunk.” Oh, perfect. Seriously, the longest three minutes of my life.
When the Magistrate returned, he called my new friend to the bench. It turns out, he was picked up for “obstructing an emergency communication” by hitting the phone out of his girlfriend’s hand during a “domestic situation.” After the charges were read, the Magistrate informed him of his right to trial by jury if he wished and had him enter a plea. He plead guilty to the charge and stood impatiently at the bench while the Magistrate determined his sentence. He was then asked to describe in his own words what had happened. He was inebriated when the event occurred, so he was not able to do so. It was interesting to see one of the aspects of memory we discussed at work in a courtroom. After questions about his family, his job, and prior charges, it was determined that he would pay $460 dollars including his court costs. After he left, we talked again about court discretion and what he uses to decide sentences. All in all, I had a good experience. Everyone was very friendly, with the exception of the Clerk of Courts office. They invited me to come back whenever to learn more or ask other questions.
I went to my home town court house; there I saw a trial where a man was being accused of sexually assaulting his four daughters for several years. I stayed in the court and watched the entirety of the proceeding. The total time was an hour maybe less. In this trial the man to the guilty plea right before the girls were about to testify, so the jury was sent home and did not have to sit through the rest of the proceeding. Even though the man agreed to the guilty plea, when asked, he had a hard time saying it out loud to the judge that he sexually assaulted his daughters. The judge asked if he had hurt his daughters, and the man gave a roundabout reply. The judge then proceeded to ask the man again and to give a yes or no answer, for if he did not then the judge said he would rescind the guilty plea and continue the testimonies as planned.
I believe he mentally did not want to accept the fact that what he had done was wrong. I also believe that he was beaten down and honestly felt bad for what he had done, but then again maybe this was his tactic. Maybe he was trying to look like he was truly sorry and was ready to accept punishment; maybe this way he would get a more lenient sentencing; if that were the case, that would be an example of psychology in motion. Here stood a guilty man, trying to act innocent, or have the stereotype of the “baby-faced-ness,” as we learned in class as looking honest and trustworthy. He was trying to act innocent by honestly saying he was in the wrong. But maybe he did not believe the act he did was wrong, or that he should be punished at all for his crime. Maybe he was delusional to the fact that touching young girls in a sexual manner, let alone one’s own children, was a bad thing.
I, however, believe he knew what he was doing was wrong. I believe he just did not like the fact that he was caught and had to pay the time for his wrong doings. I also wonder if he himself was somehow psychologically or physically abused himself when he was a child. For studies show that an abuser was usually abused them, so when they grow up they in turn hurt those to get back at the ones who hurt them. This would then show a psychological pattern. I would then hope these girls do not themselves turn into the same type of abuser as their father was. I wonder if the man’s attachment to his primary caregiver was harmed, and how? Were the girl’s more attached to their abusive father or to their mother, who claims to have had no idea this behavior was happening in her house (I believe she was true in this statement, but wonder if she might have known something was off with her husband and when she may have noticed this?)? I have so many questions, but I cannot find the answers to this particular case. Maybe there is a public record office I can go somewhere and dig up the files like the do on television. But that would be a lot of work, and probably a lot of unreported events.
Oh, a thought just entered my mind. I wonder if this man had a past record with abuse, or sexual harassment or anything like that. This would then show a pattern or him leading up to hurting his daughters. I also wonder if there was anyone in the community, or who might have known the family better, who might have been concerned about the daughters. An outside party who might have seen the signs, were they just a bystander or did they ever think to do anything, if they saw anything? So many questions that I realize a profiler would have the access to dig up and possibly be able find the answers. They would then be able to link the characteristics of his personality to past and his behaviors. I am glad I went to this court visit. It was a good way to see our criminal justice system in action.
Over spring break, I visited the Linn County Court House. During my day in court, I observed four arraignments as well as two civil cases. The four arraignments were for people that were caught stealing as well as drug cost. They all couldn’t afford to hire their own attorney so the court appointed an attorney to represent them. The two civil cases that I observed during my time at court were about a person hitting another person’s car (it was actually the daughter of a cop who hit the person which I thought was pretty funny) and a family dispute that had gone bad over some money or something along those lines. The initial thing that surprised me was the courthouse itself. The Linn County Courthouse is located on the 3rd Ave Bridge in downtown Cedar Rapids. The building itself was a lot bigger than what I was expecting it to be. When I think about a courthouse, I think of a small building with a single room where all the criminals are brought to face trial. When I entered the courthouse, I was surprised initially with the amount of security guards that the building had in it. After I had gone through the process of getting through security, I asked one of the security guards where the courtroom was located. The guard looked at me as though I was crazy and said back to me “which one?” I didn’t know that there was more than just one main room in the courthouse. In fact, there are multiple rooms. There are roughly 10 courtrooms in the Linn County Courthouse. Not only are the courtrooms split into criminal and civil law, they are also split into different areas of law. These areas include domestic violence, marital cases, and juvenile cases. Each judge is assigned to a specific court room. The courtroom that I sat in for the majority of the day was Judge Ian Thornhill. The next thing that I found surprising was the fact that most of the people were meeting their lawyers the day of their arraignments. They were introducing themselves and telling them the details of the case. One of the four guys who were being arraigned asked if he should fight it, and one of the other convicts told him that he shouldn’t do that because they would just find him guilty anyways. That was something that I found interesting that most of these guys didn’t see the point in fighting their charges because of the fact that they already thought that they were going to be found guilty of the crime anyways. I my mind I would think that you would want to fight it, however, in the real world, fighting it just takes more time to do. The courtroom itself was a lot different from what I was expecting. When I think of a courtroom, I think about the classic crime show style courtroom. This couldn’t be farther from what the courtroom I was in. The courtroom was about half the size of what I thought it was going to be. There were two benches where the public could sit, and some chairs on the side for the criminals to sit. In the middle of the room there were two tables and four chairs where the prosecutor and defense attorneys could sit. The elevated area is where the judge’s desk was located and a small area is where the court reporter could sit and type. There was a door leading to the judge’s chamber and one leading to the hall way. The courtroom guards sat on the benches beside me. The guard was a little surprised to see me in the court room. I am guessing that they don’t see visitors in the courtroom. When Judge Thornhill entered the room, we were all required to stand up and then sit down. One by one the four individuals were brought up before the judge and plead guilty. This is where I saw the first area of psychology happen. They judge read a long list of things that basically asked if the individual was pleading guilty on his own accord. Also, the judge asked him if he was competent and understood whether or not he understood what the word competent meant. The judge would then ask the individual to give a definition of the word. The individuals would give their own interpretation of the word and then Judge Thornhill would say correct and then read of the legal definition of the word. After that Judge Thornhill asked the individual whether or not if he had any mental illness and he understood the charges that were being brought against him. One of the individuals said “I was the one who did it judge.” After going through more process of reading off of a sheet of paper asking if they understood the charges that could be brought against them and they asked each person around five times if they really wanted to plead guilty. This is something that I found encouraging because at least you know that the person was given five chances to take back his plea of guiltiness. This could be linked to an area of psychology were the person originally pleaded guilty of the charges because of coercion by the police. However, the court makes sure upwards of five times that they understand that they are pleading guilty to this charge and this charge only. They make sure they understand that this is the criminal punishment that they can get if they are found guilty of the crime (due to the fact that they were pleading guilty they didn’t really stand a chance of getting found not guilty.) I only visited for a day, however, I was able to see a lot of what makes our court system good and what makes our system bad. The legal clerk was very helpful in showing me where to go. The thing that I found most interesting about our legal system was the fact that they made sure that the person was competent to stand trial. Also, they made sure that the person understood the meaning of the word and the definition of the word. Another area that I saw during the court case was the fact that during civil court emotions can sometimes get a little tense. It was interesting to see how people were reacting to the charges and all that. The only other area of psychology that I could see in the court was the fact that the inmates were almost used to the process. They had been arrested before and had gotten used to the whole process. So they were almost “institutionalized” to the fact that they were going to go to jail and mine as well just get it over with. Overall my courtroom experience was very interesting.
Over spring break, I visited the Linn County Court House. During my day in court, I observed four arraignments as well as two civil cases. The four arraignments were for people that were caught stealing as well as drug cost. They all couldn’t afford to hire their own attorney so the court appointed an attorney to represent them. The two civil cases that I observed during my time at court were about a person hitting another person’s car (it was actually the daughter of a cop who hit the person which I thought was pretty funny) and a family dispute that had gone bad over some money or something along those lines. The initial thing that surprised me was the courthouse itself. The Linn County Courthouse is located on the 3rd Ave Bridge in downtown Cedar Rapids. The building itself was a lot bigger than what I was expecting it to be. When I think about a courthouse, I think of a small building with a single room where all the criminals are brought to face trial. When I entered the courthouse, I was surprised initially with the amount of security guards that the building had in it. After I had gone through the process of getting through security, I asked one of the security guards where the courtroom was located. The guard looked at me as though I was crazy and said back to me “which one?” I didn’t know that there was more than just one main room in the courthouse. In fact, there are multiple rooms. There are roughly 10 courtrooms in the Linn County Courthouse. Not only are the courtrooms split into criminal and civil law, they are also split into different areas of law. These areas include domestic violence, marital cases, and juvenile cases. Each judge is assigned to a specific court room. The courtroom that I sat in for the majority of the day was Judge Ian Thornhill. The next thing that I found surprising was the fact that most of the people were meeting their lawyers the day of their arraignments. They were introducing themselves and telling them the details of the case. One of the four guys who were being arraigned asked if he should fight it, and one of the other convicts told him that he shouldn’t do that because they would just find him guilty anyways. That was something that I found interesting that most of these guys didn’t see the point in fighting their charges because of the fact that they already thought that they were going to be found guilty of the crime anyways. I my mind I would think that you would want to fight it, however, in the real world, fighting it just takes more time to do. The courtroom itself was a lot different from what I was expecting. When I think of a courtroom, I think about the classic crime show style courtroom. This couldn’t be farther from what the courtroom I was in. The courtroom was about half the size of what I thought it was going to be. There were two benches where the public could sit, and some chairs on the side for the criminals to sit. In the middle of the room there were two tables and four chairs where the prosecutor and defense attorneys could sit. The elevated area is where the judge’s desk was located and a small area is where the court reporter could sit and type. There was a door leading to the judge’s chamber and one leading to the hall way. The courtroom guards sat on the benches beside me. The guard was a little surprised to see me in the court room. I am guessing that they don’t see visitors in the courtroom. When Judge Thornhill entered the room, we were all required to stand up and then sit down. One by one the four individuals were brought up before the judge and plead guilty. This is where I saw the first area of psychology happen. They judge read a long list of things that basically asked if the individual was pleading guilty on his own accord. Also, the judge asked him if he was competent and understood whether or not he understood what the word competent meant. The judge would then ask the individual to give a definition of the word. The individuals would give their own interpretation of the word and then Judge Thornhill would say correct and then read of the legal definition of the word. After that Judge Thornhill asked the individual whether or not if he had any mental illness and he understood the charges that were being brought against him. One of the individuals said “I was the one who did it judge.” After going through more process of reading off of a sheet of paper asking if they understood the charges that could be brought against them and they asked each person around five times if they really wanted to plead guilty. This is something that I found encouraging because at least you know that the person was given five chances to take back his plea of guiltiness. This could be linked to an area of psychology were the person originally pleaded guilty of the charges because of coercion by the police. However, the court makes sure upwards of five times that they understand that they are pleading guilty to this charge and this charge only. They make sure they understand that this is the criminal punishment that they can get if they are found guilty of the crime (due to the fact that they were pleading guilty they didn’t really stand a chance of getting found not guilty.) I only visited for a day, however, I was able to see a lot of what makes our court system good and what makes our system bad. The legal clerk was very helpful in showing me where to go. The thing that I found most interesting about our legal system was the fact that they made sure that the person was competent to stand trial. Also, they made sure that the person understood the meaning of the word and the definition of the word. Another area that I saw during the court case was the fact that during civil court emotions can sometimes get a little tense. It was interesting to see how people were reacting to the charges and all that. The only other area of psychology that I could see in the court was the fact that the inmates were almost used to the process. They had been arrested before and had gotten used to the whole process. So they were almost “institutionalized” to the fact that they were going to go to jail and mine as well just get it over with. Overall my courtroom experience was very interesting.
I went and saw a trail at the Black Hawk County Courthouse (I stayed for about 45 minutes). It was an operating a motor vehicle while intoxicated case that took place back on October 12 of 2012 at 2 a.m. When I walked in the court room looked almost exactly how I had it pictured in my mind. I walked in the door and there were rows of wooden benches where the audience sits. In front there is a table for the defense and a table for the prosecution with their backs facing the audience. The jury had stands against the right wall were they sat and then the judge sat in front facing the audience, defense, and prosecution and had a stand so he was sitting about everybody else. He was probably sitting above everybody else to establish that he was in charge of the court and also so he could see everything that was going on. The court room was quite a bit smaller than I had pictured. There was not much room between the defense and prosecution tables and both tables were only a few feet in front of the judge’s stand. There was also a witness stand and right in front of the witness stand sat the secretary who was taking notes over the proceeding trail. Everyone also had to stand when the judge entered as well as the jury.
It was a casual environment. There were three other people in the audience besides me and we were all dressed in jeans and t shirts. The jury as well was dressed very casually. The only people that were in formal attire were the prosecution, defense, and judge. I also was surprised to see the defense and prosecution attorneys talking like friend before the trial took place. It court shows they also show them at each other’s throats so it was interesting to see that it was not a hostile environment. This also made me think that the court appointed the defendant this attorney so the prosecutor and defense attorney might have known each other through that.
The prosecution opened with a statement. The judge gave a speech before the opening statements to the jury about how the statements were not evidence. This made me think that the statements are just used to try to sway the jury based on their emotions and maybe prime them to think certain things. The prosecutor used a lot of emotion in his statement as well as words and phrases such as: it is obvious, clearly, and at the end stated the defendant is guilty. He said these things in hope that since this was the juries’ first impression, they would then think what he was saying was true. The defense, however, did not give an opening statement.
During the trial it was revealed that the defendant refused to do a sobriety test before the officer even asked him to do one. The officer used this as evidence to confirm his belief that this man was drunk. This is an example of conformation bias. Instead of considering the other possibilities, like maybe the defendant was just grumpy and wanted to get home, he took this to mean that he was drunk. Also during the time that the officer had the defendant pulled over the defendant’s contact feel out. When the defendant tried to put it back in, he at first put it in the wrong eye. The officer again saw this as confirming his belief that the man was drunk. He did not attribute it to the fact that it was two in the morning and maybe the man was just tired. I have put my contacts in the wrong eye before when I was sober. But instead the officer used confirmation biased to contribute this mistake the alcohol.
I also would like the point out the time frame between the actual trial and the time of the crime. This crime happened on October 12, 2012, the trial was on March 26, 2013. This is five months after the initial act. The main piece of evidence used, at least from what I saw, was the use of an eye witness, the officer. Memories are fragile. And the longer the amount of time after an even the more distorted the memory gets. Perhaps the officer exaggerated his testimony because his memory had dramatized what he actually saw from the time of the crime. This could hinder a fair trial and cause a verdict to be reached that is false. The longer the time between a trail and a crime the harder it is to trust the memories of witnesses.
The defendant was brought down to the police station later that night and he was given the option to do a breathalyzer. He was told that if he did not do the breathalyzer he would lose his license for twice as long than if he did. This made me think, is this coercion. They are threatening him with a harsher punishment if he does not cooperate. I also wonder if they do this because they want to avoid the cost and time of taking somebody to court.
The defendant was clean cut and dressed in a suit and tie. He probably dressed this way in order to make a good impression on the jury. People tend to have a stereotype in mind when they think of a criminal or a mean looking, shabby dressed, scruffy big male. This defendant was small, attractive, and was dressed like a business man. This probably helped him because first impressions are very important. This look probably kept the jurors from judging him as a criminal right away.
When the prosecutor called the officer that pulled the defendant to the stand the officer spoke directly to the jury. He also restated the same things that the prosecutor said in his opening statement. They probably had rehearsed this early to make sure their stories matched up almost perfectly. At one point the prosecutor asked a leading question. When he asked the officer to point out the defendant in the court room he said “Is the man you pulled over sitting directly to my right?” He should have asked an open ended question such as; “Where is the defendant sitting?”
Watching a trial was a great way to connect what I have learned so far in this classroom to a real life situation. I noticed many things I would not have noticed before. I also changed my perspective on a trial and the image I had in my mind, since the only other experience I have with witnessing court cases are those on Law and Order.
Terms: conformation bias, trial, judge, defense, defendant, prosecution, jury, stereotype, coerce, leading question, memory,
For my visit to the court house I took advantage of going to the court house when I was at home for spring break. I figured it would be a good idea to do it then since I didn’t have much else to do and I know where the court house is in my town and also I have been there before so I know my way around it better. I am from Hiawatha, which is right next to Cedar Rapids so I visited the court house in down town Cedar Rapids for this assignment. The case I was most interested in attending was the case against a teacher in my area who was charged with one count for sexual exploitation and an aggravated misdemeanor. Heather Adams was a chemistry teacher at Washington High School in Cedar Rapids. On a Thursday afternoon Adams was caught having sex with an 18 year old in an SUV parked on a side street in Cedar Rapids. Police responded to a criminal complaint stating the person saw a naked male in the front seat of an SUV and a naked women also hiding in the back seat of the SUV as well.
Upon entering the courtroom I had no idea what to expect. I figured it would not just be I interested in the hearing of this court case because so many students had known Adams because she was a teacher at such a large high school.
Adams claimed intoxication as her defense. Stating that sense she was intoxicated she wasn’t in charge of the actions she was committing. Another thing that I learned was that it found guilty Adams would face 2 years in jail and would be placed on the sex offender registry.
There were quite a few people in the court room. I wasn’t super happy with the time I showed up for the trial because nothing super interesting was going on when I went. I got to hear the defense question Adams, which for then I learned a bit about what she claimed as her defense, the alcohol consumption. I wish I could have stuck around a bit longer. Something I learned is that court proceedings can take quite a bit of time depending on the amount of questions that each side asks.
The psychology that I found I could relate to this case was the idea that her defense was alcohol consumption. This would relate to looking at how much alcohol can disrupt the brain and how it can lead to actions that we might not be okay with if we weren’t under the influence. I think many studies in psychology have been tested on how much alcohol it takes to impair certain parts of the brain and to what extent it takes to have no control of your actions.
During spring break, I attended a court hearing in Spencer, Iowa at the Clay County Courthouse. I had been in the courthouse before during my freshman year because I job shadowed a Juvenile Court Officer and I went with him to a court hearing for one of the juveniles he was associated with. I called him when I got home for spring break and asked him if there were going to be any hearings with in the week and he told me to come by and he would join me. Oddly enough, the court hearing was for a kid that I went to high school with. He was in court for assaulting his girlfriend who I also went to school with. They are both twenty years old. I remember them both being really weird, and as I found out, they hadn’t changed. The Juvenile Court Officer and I went to the hearing with told me that the girlfriend did not want to press charges, but her mom insisted that she should. The judge asked the defendant if he has had any kids with this girl, and thankfully he said no.
The Juvenile Court Officer and I sat at the back of the court room, and as soon as the judge came out, he had a quick word with the guy I came with and asked who I was. I told him that I needed to observe a court hearing for a class. He seemed impressed that a college student was watching one of his hearings. I thought the hearing would take a lot longer than it did, but it seemed like it had only lasted for about fifteen minutes. The judge kept asking the boyfriend if he knew that what he did was wrong, and why it was wrong. I suppose this was the judge’s attempt to assert competency. I didn’t think this would be necessary but I guess you never know with some people. This was also his first assault charge, but he also had a DUI from last summer. The girlfriend was asked to come to the stand so she could be asked some questions. All she pretty much did was cry because I really don’t think she wanted her boyfriend to get into much trouble. She stated that it was largely her fault because she was in a bad mood and only put her boyfriend in a bad mood. I think the judge could tell that she didn’t want her boyfriend to get into trouble, and probably kept that in the back of his mind.
This wasn’t the most exciting case in the history of court cases, but it was really interesting to watch. I tried to take into account everything we have read about, and the things we have talked about in class like how someone’s psychological state could be altered by drugs and alcohol. The prosecution questioned the defendant on how much he likes to drink, even though he is only 20. The assumption that alcohol may be the leading factor in this incident made total sense. The guy was found guilty and the girlfriend ended up issuing a restraining order on her boyfriend, and he was also told to get himself admitted into an alcohol awareness program to help him with his outrages. I was hoping for a Judge Judy kind of trial where there would be a lot of yelling and fighting, but it was quite calm and quick in an efficient matter. After the trial, we talked to the Judge and he asked where I was going to college and what majors I am perusing. This was a real eye-opener, and I really enjoyed my time at the courthouse.
I thought the court visit was a rather interesting experience, the relative pace, dynamic and environment was unlike what I expected and an inside look into the court system (without standing on the defense side of course) was an interesting insight. Specifically the relative pace was high, cycling through cases fairly quickly mostly accepting pleas, or asking whether or not the defendant had anything to say for himself, or in my experience her case on why she ran a stop sign, and failed to signal. Surprisingly most cases where people fighting off speeding tickets anywhere from failure to yield, to running a stop sign in a school zone. The discretion of the judge was interesting to see in the aspect of the different cases. In one of the three very short cases I witnessed one was let go when the Iowa State patrol officer that pulled him over could not make it to the hearing. However, when the judge heard the case as to why a girl ran a school zone stop sign, by “simply not seeing it” she failed to make her case and had to pay regardless to the fact that the arresting officer did not show up to refute her claims. The bailiff and judge were extremely funny, cracking jokes to one another and passing the time when the last traffic hearing defendant could not find her driver’s license in an immense stack of papers. She realized it was lying on the floor the whole time when it was dropped entering the room. The bailiff then informed me it was lunch time and I should probably just leave after sitting for only a brief twenty minutes yet hearing three cases, all of which involved refutes of traffic tickets. The experience personified most of us interacts with the law system on the basis of traffic violations, and the relative relaxed manor of the judge was nice to see. Perhaps it was an attempt to ease some of the tension and stress the defendants were feeling, overall it was interesting. specifically the discretion of the judge, depending on the gender of the defendant, the attitude they had, and the explanation they gave as there defense.
I took the time over spring break to visit the Black Hawk County Courthouse in downtown Waterloo. I had never been here before, but was surprised at how large of a building it was. I walked in and was greeted with metal detectors right away. I proceeded to the jury information desk to tell them I was a UNI student and would like to sit in on a proceeding. The lady directed me to another desk through a set of double doors. I talked to another lady at the second desk and was told I could go into a courtroom. I quietly crept in the backdoor and took a seat in the back.
I was extremely surprised by how small the courtroom was! There were only about 5 rows of benches and even though I was in the last row, I was still extremely close to the judge, client, lawyers, etc. Because I came in the middle of the proceeding, it was difficult to tell exactly what was going on. By listening I was able to find out that the defendant, an older, bald man named “Mr. Nelson” had a shady past. Terms such as “armed with intent” were used to describe aspects of his record. A few minutes of the proceeding focused on a past OWI where a knife and firearm were found inside Mr. Nelson’s vehicle. After a confusing set of past criminal activity, the judge asked him if he had anything else to say. Mr. Nelson proceeded to tell “his side of the story.” He described how he was a veteran and is now permanently disabled. He also described someone firing two shots through his house and how he frequently sees “flashbacks.” The whole “speech” he gave was very confusing and the judge didn’t look very amused; in fact, he didn’t look like he was listening at all to Mr. Nelson.
After he was done speaking, the judge said he was going to charge him guilty with possession of a controlled substance (I assume this was the whole reasoning for the procedure in the first place). The judge told Mr. Nelson that he was taking into account his prior convictions, his age, his disabilities, his financial situation, and the results of an “evaluation” that must’ve been previously done. He recommended that Mr. Nelson continue to work with his physicians regarding his disabilities and that he continue to take his prescribed medications. Considering the circumstances, the judge ordered there be no jail time, but that there be a $300 fine and supervised probation. He promised Mr. Nelson that everything that was being done that day would not interfere with any of his medical procedures or recovery.
Throughout this proceeding, random people who looked like lawyer were quietly enter the courtroom and sit down for a few minutes. The judge never acknowledged us and we left as quietly as we came. After seeing the last half of that proceeding we were told by the lady at the desk that we could attend a certain proceeding that starts at 3:30. The way she was talking made it seem like this thing happens every day for an hour between 3:30 and 4:30 and that it’s where anyone from the public who needs to talk to a judge or get something done can do that. I sat in the back again and this room was a little larger than the first, but still not what I was expecting. A few other people were in the room and the judge came in and took a seat. He took one look at us (my fiancée and I) and said “UNI students, right?” I smiled and nodded my head and he proceeded to call up the names of the people who were sitting in the benches near me. I didn’t catch why the first girl was there, but the second lady he called up said she was there to lift a restraining order off of somebody. She filled out some papers and left.
No one else came in and the judge told me he usually is much busier during this hour but since he wasn’t, did I have any questions? I asked him a few questions about hwo he likes his job, what his previous experience was like, and if he comes into contact with many psychologists. He said he loves his job and that previously, he was a lawyer. He described how he sort of misses being a lawyer and actually being in on the “action.” He went on to say that he comes in to contact with psychologists daily and that psychology is an extremely important/relevant aspect when dealing with the law. He said 90% of prisoners have some sort of mental health problem. I ran out of questions to ask and my fiancée and I left. We were at the courthouse for just over an hour.
I noticed many psychologically relevant things in the visit to the courthouse. First, in the first court proceeding I attended, Mr. Nelson described being a veteran and having flashbacks. This, to me, screamed PTSD and is very relevant to clinical psychology. I think this also may be the reason he was carrying a knife and firearm in his vehicle when he was pulled over for an OWI. Mr. Nelson had mentioned he sees a psychiatrist and I wonder if he has actually been diagnosed with PTSD. Second, if we think psychologically about the judge, we can rightly assume that the judge comes into contact with experts on a daily basis. In addition, the judge gets to see firsthand accounts from eyewitnesses, and evidence of crimes dealing with DNA and fingerprints.
I enjoyed my visit to the courthouse and I found it interesting to see court proceedings in progress. It also opened my eyes to the fact that there really is psychology out there in everyday life right in the courthouse.
Over Spring Break I went to the Jasper County Courthouse, which is conveniently located in my hometown, Newton, IA & watched a few different court proceedings. My sister is a defense attorney, so I called her to see which would be the best day to go to the courthouse to see the proceedings. I am lucky to have a sister in the legal system because she happened to be friends with the prosecuting attorney that was working that day, so I got to talk to him a little bit. The court hearings I attended were just simple sentencings, and the Registrar immediately informed me that it wouldn’t be too exciting. I sat down in the court and waited for the prosecutor to come in and the defendants from each case. Most of them represented themselves, but one had a defense attorney.
The first hearing I heard was the sentencing of a man who had been driving with a suspended license. The policeman on duty who pulled over the man lessened the charge to a failure to reinstate a valid license. The defendant could not speak very good English, and he told his side of the story of why he was driving without a license. He refused to admit he was guilty, but eventually stated that “he made a mistake”, therefore he was charged a $200 ticket plus court costs.
The last hearing I heard was a man who was being sentenced for domestic assault simple misdemeanor. He was the only defendant to bring along an attorney, and his girlfriend accompanied him into the courtroom and she made a motion for all charges to be dropped. The story was his girlfriend had called the police one night to have him arrested for domestic violence, but in her words she had “just wanted him to sit in jail for the night to think about what he had done.” The judge stayed very neutral in the situation, but he warned the woman that if the incident was bad enough that she needed to call the cops, then it might be a good idea to continue with the charges. In the end, all charges were dropped.
There were other small hearings in between that included a redate pretrial of a man who had previously failed to appear in court. I actually knew this guy because he was only a few years older than me, so that was a little awkward. Another was a woman who had to show a certificate stating that she had finished her DUI class.
There were tons of aspects of psychology involved in the court hearings, but I specifically noticed social psychology between the judge, the prosecutor, and the defendants, and especially in the case of the boyfriend and girlfriend.
Before I left I got to talk to the judge, who I already kind of knew because I went to elementary school with his children, so not only did we talk about what had happened during the court proceedings, we also talked about more personal things, such as the fact that I was attending UNI. It was nice to know at least one of the people in the courtroom, and it made the experience less intimidating.
The day to day processes of the judicial system, whether criminal or civil, is generally mundane. Many people do not realize this because of what is broadcast on television or in the movies. Extreme cases are not the usual cases that actors in the judicial system regularly deal with. A jury is not present in all cases, the judge is not always a stern older man, and the attorneys are not always bitter rivals. Most cases at any given courthouse on any day are generally unexciting but are vital to the upkeep of society and social standards. The inner workings of the judicial system are not what the general public sees or has any immense knowledge about. I went to the Blackhawk County Courthouse on two occasions and stayed for about two hours on each day. I saw very different things on each of those days and different parts of the justice system. The first day was a Thursday and I watched about two hours of the third day of a felony domestic abuse case. This was a very interesting day to watch this case because there were three different witnesses called to testify. Each of these witnesses was called from the prosecution and included Mr. Wilson, a Waterloo police officer, Ms. Davis, an Allen Hospital emergency nurse, and Dr. Hill, an Allen Hospital emergency physician director. Each was questioned by the state prosecutor and then by the defendant’s attorney. Each was questioned by the state prosecutor and then by the defendant’s attorney. Each witness was asked about the facts of the case that they were directly involved with and how they recounted the activities and timeline of the night in question. It was very obvious when the defending attorney cross-examined the witnesses that he tried to undermine some of their statements in an effort to make their testimonies weaker. The jury consisted of thirteen members, seven of which were women and six were men. The prosecutor and the defender spoke in legal terms most of the time but the prosecutor frequently related them into layman’s terms for the witnesses and the jury. Judge Staudt was in charge and his interruptions were always allowed, he often looked out for the court reporter by making sure she had everything down and that people were speaking clearly and slowly enough. The judge also looked out for the jury to make sure they were comfortable and if they needed any breaks. I did not see how this case was disposed of but with the evidence and testimonies that I heard I believe that the defendant had a chance of being found guilty.
The second day I went I saw a juvenile case and part of jury selection. Judge Clarke presided over the juvenile case that involved a young man who had previously plead and been found guilty of a class D felony. The state attorney asked that felony adjudication be withheld and to let the minor try to comply with probation, which the defender agreed with. Judge Clarke was quite stern but kind when talking to the defendant; letting him know that we all make our own choices and that he would always believe in the him until he proves him wrong. The defendant’s parents were present and seemed to be supportive of their son. The attorneys were dressed in professional attire and spoke in mainly layman’s terms for everyone to understand. The jury selection was very different than watching a normal case play out and the part I was present for consisted of the state prosecutor asking questions to a group of the potential jurors. The jury selection was presided over by Judge Dryer. The prosecutor began asking questions to the remaining potential jurors, starting with if anyone had heard anything about the case in question or remembers when it happened. He then listed off many names, police officers, and other attorneys that work with or beside him and asked if anyone present recognized any of the names. One person recognized a name, explained why, and stated that they would have a very hard time being impartial during this case. This person believed they would not be impartial during the trial because of their job and their knowledge of a specific person, and they were then dismissed from the jury selection process. The prosecutor’s request to dismiss this person had to be in agreement with the defender and allowed by Judge Dryer. The prosecutor then went on to discuss certain terms, including reasonable doubt, joint criminal conduct, and aiding and abetting, to see if anyone present knew what they meant or had heard them before.
There were aspects of psychology in almost all of the things that I was present for. The first case, about domestic abuse, the repeated abuse was discussed and it was clear to see that the defendant was uncomfortable. It may have been painful to hear about the things he had done to his wife in front of a jury and judge. The defense attorney also tried to undermine the prosecution’s witnesses because it could make them seem less credible to the jury. They were actually experts in their areas – a nurse, doctor, and police officer. So they knew what they were talking about and could prove that to the jury, so it may have had more weight than if they were normal people. During the juvenile case the judge was being supportive but stern to the juvenile, which could have help with positive reinforcements and helping the child understand that they weren’t trying to punish him but to help him. The jury selection process deals with a lot of questions being asked, this is to weed out the professionals and the people who know anything about the case or the defendant. Usually the attorney’s may not want a lawyer or doctor or some other expert in their field to be on a jury because of the influence they may have on the other jury members. It is also important for the attorney’s to ask all types of questions to the potential jury members because they want people who will potentially rule in favor of their client.
This last weekend I went to the Black Hawk County Court House to watch my friend, Matt go to court after he got arrested for a public intoxication and possession of alcohol. He spent the previous night in jail and we were told we had to wait until the next morning in court to get him out. We walked to the courthouse and had to call to get let in for the hearing. There was more than just Matt being put in front of the judge to see if they were guilty or innocent in the room, but they were for other charges.
My friends and I were behind a glass window as we waited for them to file in to the courtroom. I was sitting beside a woman and her son, they were waiting there for the child’s father to get let out as she held out a wad of cash signaling that she was going to bail him out. As the convicted walked into the courtroom they were called up to stand in front of the judge one by one and confirm their name and their address. Matt was called up to the stand asked to confirm his name and then asked whether he was pleading guilty or innocent. He said guilty of the charges of public intoxication and possession of alcohol.
All of the other people that walked into the room were called up, and asked the same questions. Most were there for assault, the woman next to me and her child waited as the man was called up that they were there for. He was in for drugs and the judge decided to not let him go and sent him back to prison until his next court date. The people that were there were a little sketchy and I felt somewhat uncomfortable that Matt a college kid who made a bad-drinking decision is in a courtroom with people who have serious charges.
There was a woman recording what was said in the courtroom that the judge would glance at every once in a while to see if she was keeping up and the lady that was typing would also ask questions to make sure she got it down correctly. There was no jury or there were no attorneys in the courtroom just the convicts that would one by one go up and explain guilty or innocent. There was only one man in the time that we were in there where the he was asked questions about the assault because he claimed to be innocent, all he did was mumble so it was hard to understand what he was saying.
We left the courtroom after around 30 minutes and then we went around back to wait for Matt to be released after all of his paperwork was complete and his belongings were returned.
I would say that anything that related to psychology would be the stereotype that I had of the kinds of people that were being put in front of the judge. The men that were in there for assault I profiled and judged based on their appearance and how scary I thought they looked, which I wondered if they were attractive like we talked about in class would I have been as scared or sketched out by them? If they were more attractive I maybe would have thought they were in for a less severe sentence.
I went to the Waterloo courthouse to watch a proceeding. The trial had already started so I had to listen carefully to fit the pieces together of what was going on. It seemed to be a sexual assault case, and a woman was pressing charges on a man. Each had a lawyer, and there was a jury as well. The crime had been committed in September of 2011. The prosecutor played a video of the victim being interviewed by an investigator the night that the assault happened. The audio quality was poor, and the victim spoke very softly so it was difficult to hear everything. From what I did hear, the victim was out that night downtown Waterloo with a male friend. They were drinking at a couple different bars, walking in between. The victim basically blacked out at one point, and has no memory of the rest of the night. A witness said that she was either very intoxicated or had been drugged. She awoke the next morning in a man’s bed (I’m not sure if it was the friend that she was with or not). She was naked, as was the man, and he was on top of her engaging in sexual intercourse. She told him to stop and get off several times, but he continued to have sex with her. She said she was in pain and was obviously not comfortable with the situation. When she left his house, she went straight to her grandmother’s house who lived close by. This was all the information from the video.
Next, the victim was questioned on the witness stand. During the entire video as well as the questioning, the victim never once looked up. She spoke clearly into the microphone, but never raised her head. The prosecutor asked her a few yes or no questions, none of which gave me any information about the case. The victim’s grandmother testified next. She described the interaction with her granddaughter the morning after the assault. Several times the prosecutor would ask the witness a question, and then the defense attorney would interrupt. He would usually say, “speculation,” and the judge would tell the prosecutor to ask the question differently. I didn’t understand this at all. They made a big deal about the grandmother not saying what her granddaughter “told” her, but rather how the granddaughter perceived the granddaughter’s “actions.” This actually got annoying, and I felt bad for the grandmother! The lawyers continuously argued with the judge about the wording of every question. The judge even called them out into the hall for a bit. Like I said, the trial had started before I got there, so I must have missed why the wording of the questions was so important. The police officer that was dispatched to the scene was also questioned. The prosecutor asked him lots of questions about the victim’s appearance and actions when he first saw her. I stayed for a little over an hour, and the police officer was the last witness that I saw.
The biggest aspect of psychology I saw at this trial was eyewitness testimony. The crime occurred in 2011, so obviously time has had an impact on all of the witness’ memories. I don’t know the whole case, so I can say how imperative the eyewitness testimonies are… but the jury needs to be aware that there are many factors that can impede someone’s memory. We aren’t able to pay attention to everything going on around us, we store only selective bits of what we do pay attention to, we forget things over time, our memories are susceptible to revision and corruption, and distortion can occur during retrieval. Another aspect of psychology that seemed to play a big role in this case was emotional affect. The majority of the questions that the prosecutor asked the grandmother and police officer involved the victim’s emotions. The prosecutor wanted to know how they perceived the victim’s emotional state. I suppose this was to prove that the sexual assault had actually taken place. The grandmother mentioned that her granddaughter seemed ashamed; she would not look her in the eyes. She said her granddaughter seemed disoriented, shaky, and was trying to hold back tears. Psychology tells us that our brains are very good detectors of subtle expressions. It didn’t matter that her granddaughter could not speak of what had happened to her; her facial expressions and gestures were enough to cue the grandmother that something was very wrong. The nonverbal communication is what prompted the grandmother to call 911. I’m not exactly sure the purpose of these questions, but they do relate to psychology!
I visited the Black Hawk County Courthouse in Waterloo on Wednesday, March 27th. There was a pretty long line just to get into the courthouse, as everyone had to go through the metal detector. Once I got inside, I took a little time to walk around and somewhat tour it. I had only been to the courthouse once and that was to pay my car registration fee. The first floor had the county treasurer and a separate area with small court rooms. There was a bulletin board that had an agenda of what was taking place that day and what time the judges were prepping for the cases. I went up to the second floor and found a room with a lot of people inside and a lot standing outside the room listening as well. There was a man speaking into a microphone in the front of the room, and I could barely hear what he was talking about. It sounded like he was saying that he had been forgiven and had found God and that was all that mattered. I would have stood there and listened longer, but a woman came up to me and asked me if I would like to say a few words next, so I got the heck out of there. Next, I wondered to the third floor and found a woman sitting at a desk who tried to find me something interesting to watch. Sadly, all the good cases were being postponed. She did send me back to the first floor to witness a smaller case. Getting back on the elevator, I actually ran into my own mother who was on her way to a hearing between her and my father for custody. I choose not to get too involved, but found it ironic that the only day I visit the courthouse my whole family is there too. So back on the first floor I asked if I could go in and observe one of the cases going on. I awkwardly slipped into a room with only a judge, 2 lawyers, and the young man being charged. I had no idea how small some of these hearings were. The young man was actually a college student who was being charged with harassment. He had 2 no contact orders from 2 different women, and he had violated these. The prosecutor stated that these 2 women felt very afraid of this young man, and that he blatantly violated his no contact order and deserved to serve a 14 day sentence in the Black Hawk County prison. After she finished, the defense attorney delivered his rebuttal stating that the young man had only violated his no contact order because he was trying to apologize to one of the women. The attorney also said that this was his first offense so the duration of 14 days in jail was extensive. The judge then deliberated and asked the young man if he had anything to say to the court. He squeaked out something of a "no" and the judge went on with his ruling. He brought up the fact that this was his first offense and he did not have a horrible record or anything, but ended up ruling that he would spend 7 consecutive days in jail. The prosecutor had no debate about this, and the judge asked if the defendant could show up for his sentence tomorrow. The defense attorney asked if he could have at least 20 days to prepare for his sentence. The judge said only if he had a good reason, and his reason was actually school and finishing finals. The attorney also asked if he could just serve it over a weekend, trying one last time to to shorten his sentence. The judge agreed to give him until the middle of May to serve his 7 day sentence, and that was that. I walked out of the courtroom and sat on a bench and just observed for a while. I saw the young man and his lawyer come out and sit on a bench across from me. It is interesting to watch, as they seemed happy with the verdict and the lawyer seemed to be giving him some last minute coaching as well. I stayed at the courthouse for about 45 minutes and would have stayed longer if there was more going on. I really enjoyed the experience and found it very interesting. I learned that there are judges and there are also "magistrates". One of my friends' dad was actually the magistrate for the case I observed. As far as psychology goes, it is very interesting to watch the demeanor of everyone in the court room. The prosecutor seemed very sure of herself and really played on the fear and anxiety that the two women were going through. The defense attorney did the opposite and played on sympathy for the defendant and tried to make him look like a nice guy, who is going to school, and just got caught up in a bad situation.
Room 109 in the Blackhawk County Court Office was a pretty common place for a lot of criminals and students. At 1:20 I took my seat in that very room to hear some pretty interesting things. Waiting for the Judge to walk through the back door and hear all rise, is not the best thing to hear, usually that means you are in court for something that you did wrong or you have been selected for jury duty, both which are horrendous.
When I was in that court room it brought up a lot of memories, throughout my life as a child I have been in enough court rooms to be fairly comfortable inside of them. The court preceding that had sat in on and listened to was very brief and to the point, I sat in on a criminal, nonjury court hearing. I really had no other time to sit in on an actual criminal case with a jury with me being in and out of the hospital. I sat there and listened to three different cases, all in which had something in common, the people being charged were being charged with serious misdemeanors. These misdemeanors were operating while intoxicated which has a prison sentence maximum of one year, and in possession of a controlled substance; marijuana, which has a maximum prison sentence of six months. Both of these cases were great to listen to, they were quite simple and straight to the point.
While sitting there the judge made sure the men knew their rights and when they pleaded guilty that they could change their plea, and plead not guilty which then they would have the right to a speedy trial or trial with a judge and jury. The judge also then made sure that the case with the OWI was not under any influence of any narcotics, drugs, or alcohol so he could be fully aware and competent of what was going on and knew what would happen to him if he was found guilty. The man asked for a deferral because it was his first offense of operating while intoxicated but the county attorney pretty much shot him down by saying that he had other offenses towards him but the judge then quickly stopped him so the defendant wanted to know what the state had against him that he would be denied for the deferral. The judge then stated that it has to go to the Supreme Court for it to be denied for any reason.
The possession of marijuana case really threw me for a loop; the guy kept changing his plea because he could not take much time off of work. It is kind of obvious that you had a substance on you and the police clearly have it on file and have it as evidence why would you change your plea to not guilty? I guess he had the right to plea anyway the he felt was right.
I went to the Waterloo courthouse and watched two cases that dealt with domestic violence. I had never been to the courthouse and I was very intimidated at first. It wasn’t very busy when I was there which made it even more awkward watching the proceeding because it was obvious I was a student. I quickly realized that the judges are happy to see students in the court room observing how the justice system works. It was really interesting to see how the court room is set up and how they address cases. The room was smaller than what I thought, probably because on TV shows it’s huge. I sat in the back to observe, and it was very hard to hear exactly what was going on but it was obvious that the individuals who went in front of the judge were very nervous.
A women had be a victim of domestic violence from her husband, she did not want to press charges against him because they had children together. (Seems real logical…not). Because the state of Iowa has a mandatory no contact order her husband had spent the night in jail. This seemed to upset her probably because she worries that he thinks the situation is her fault, as to why he spent the night in jail. Thus she wanted to drop the charges and to get rid of the no contact order. Like most victim of domestic violence she was probably scared about what may happen if she did press chargers, as in would he come after her again. The judge did not rule in the way she had hoped because it is obvious that the domestic violence occurred and that it is likely to occur again. The judge did not remove the contact order; instead he referred her to Seeds of Hope for further assistance in her relationship with her husband. Seeds of Hope can help victims by providing them more information, resources, as well as counseling.
Overall this case was interesting to watch because the victim did not want to admit what had happen, it seemed like she wanted to ignore what happened and to have her life go back to what it was. I was happy to see that the judge recognized the fact that the violence did occur and that it may have occurred previously, and that it is likely to occur again. Thus explaining his referral to Seeds of Hope.
Once the case was over the judge asked me why I was there and if I had any questions. He was very nice and he seemed happy to have a student in the court room observing. He explained what happened and why he did not do what the women had wanted. He said they get a lot of domestic violence cases, and that most of them are very similar. The victim typically does not want to press charges because he/she is scared. I watched part of another case that was very similar to this case. My overall experience was very interesting as I had never done this before. It was good to see that Iowa has a mandatory no contact order placed if the police are called to a domestic violence case, as this ensures that the victim is safe for at least the time being. This was a very interesting experience!
March 27th- Blackhawk County Court House. Case- State vs. Xavier Cambell
So when I came into the courtroom they were actually in the middle of a discussion involving wether an excited utterance would be allowed to be said based on some different factors. Because what was going to be said would be considered hearsay in normal situations the state was arguing that because it was an excited utterance that it should be allowed. The victim at the time of telling the police officer on the stand had been crying and was visibly upset hence why it would be classified as an excited utterance. I think its interesting that they made the jury go out of the courtroom for this moment, due to anything that was argued would stick inside the memories of the jury swaying their opinions either way. That would relate to cognitive psychology.
Now it took me a while to actually know what the case was about but eventually it got out that it was a rape/sexual assault case im not totally sure on what the difference is but they used both words in the case so I wasn’t sure to the extent of the sexual assault itself. It seems though that one Xavier Cambell sexually assaulted a female, after which he walked over the kwikstar near where the event had happened. At that time the victim called the police who then shortly arrived(this was all near franklin street which is really close to the courthouse). When the police arrived they were told that the suspect had gone to the store which they then went to. A David Geist was working at the time and when the police asked for video of a male with a red coat on they were able too look back and find it. That video would later be entered into evidence as Exhibit Q.
Next to the stand was Officer Boyland- who took the victim ( I wont mention her name for reasons of recognition) to the hospital so that she could get checked out and the sexual assault kit could be performed on her. The results of the sexual assault kit remain unknown to me as they will hear about that today. Its interesting to note though that because of how long cases take to actually happen a lot of the memory process can be damaged as all the suspects couldn’t remember a lot of things.
Next called to the stand was a Lacquetia White. By far my favorite witness as she was very stubborn. Now she was a friend of the defendant but was called by the state in terms of her testimony. However it appeared that she still considered the defendant a friend as she tried very hard to not admit certain things even if she wrote them in an affidavit. Apparently the defendant had come over to her house after the incident, after he was apprehended she found what would appear as his boxers left in her restroom and they were wet and smelled of soap. The part she didn’t want to admit for some reason was the fact they smelled like soap although she pretended to just not remember if she had smelt anything even upon being showed her previous statement of admitting it smelled like soap. So again its curios from a psychological point to think that at one point she admitted all that information but now she had such a problem remembering which is possible but you would probably remember that specific detail.
Lastly Officer Kemp was called to the stand and he was an officer called to the site of the defendants apt. to make sure it was secure. At this time the defendant had come back and wanted to visit his house and go to the bathroom which the officers escorted him to. However upon reaching the restroom he wanted to take a bath which because this was a sexual assault case was denied he became upset and then went to the bathroom instead. Shortly after this they went back downstairs where he left the premises(the cops couldn’t detain him as of yet) and went to what they suspect was Mrs. Whites house.
That was the last witness that I had seen for the day. So it was very interesting to see how the different people could semi remember certain things. I noticed that the lawyers even if they knew it was going to be objected to would try to get certain information out just so the jury would hear it because even if it was stricken from the record you cant erase it from the minds of the jury. The psychological aspect behind that is pretty clear and it’s a tool all lawyers use in cases hence why debating a certain call for objection will result in the jury leaving.
Overall it was an interesting day to be in there. It reminded me so much of mock trial though just the way everything happened and the way the lawyers went about things. The defendant too should be noted that for the most part he just looked like he didn’t want to be there although when his friends and family came he became a little happier about the situation. Also another psychology theme the lawyers didn’t seem to mind each other, in trials you would think they wouldn’t like each other because of their position in the trial but they actually got along quite well and even joked around after the case was adjourned for the day.
While I was home on spring break I visited the Clinton County courthouse. I called up the county attorney who was my mock trial coach back in high school. He helped me set up which days would be good to come and would be more “interesting” than a day of arraignments (his words). I walked in to the courthouse two days later I went to the courthouse. After going through security I went to a directory and was mistaken for being lost on jury duty. After explaining I was a student I was directed to the attorney’s office. He walked me to the judge’s office and introduced me and we made small talk for a short while before the trial started. Afterwards I found my spot and took a seat. Shortly thereafter everyone walked in. The first case I observed was a sentencing on a assault charge. It was a young white male slightly younger than me. From my observation he didn’t do himself any favors with his body language, he was slumped in his chair and tilting it back a bit without a care in the world. I thought he must believe this is some game or he had a great attorney. After the arguments were heard the judge asked if the defendant had anything to say and he of course rolled his eyes and said nope like it was some great effort. This was his second offense the first I believe was mentioned to be underage drinking. He was sentenced to a month in prison. That got his attention, he was only charged with assault in the third degree (I believe I wish I would have been able to take notes). The complete one eighty his personality took was slightly satisfying and shocking to see really.
After that I took a short walk to see what else was happening, unfortunately that case ran a little long so I missed out the starting of an arson case and I was too self conscious to sneak in quietly. So I went and spoke with the county attorney for a while and he directed me to a courtroom holding arraignment (the boring stuff again). For a majority of the people being arraigned it seemed that most of them were there on either multiple traffic violations or public intoxication (Not too surprising seeing as it was spring break). What I found surprising was that I knew some of the people in line from either around town or from high school! That came as a surprise from me that I relate to social psychology from a form of bias. From all the criminal procedurals on T.V or in the movies we get this idea of what kind of person would commit a crime. You expect the drunks to be dirty and not look all there still trying to shake off the previous nights hangover, the assaulters to thuggish looking and the thieves to be shady and shifty. Yet in the case of the one guy I knew in high school he looked pretty much as I remembered him being three years ago at graduation, but here he was in court waiting on arraignment for driving under a suspended license and a second Dui. It was surreal if anything I guess. It was that moments that you hear people say that you just can’t believe it until you see it I guess. I left the court room shortly after and managed to get into the arson case while they had a short recess. The man who committed this had been in jail already for six months, and when it started up again the prosecution was presenting evidence and had an arson expert testifying to the accuracy of how the fire was started etc. I looked at the jury and noticed they were just eating this up, looking and listening intently to the expert. The expert sounded like he really knew his stuff, so it relates back to chapter seven from minds on trial I suppose with him being a “good” expert witness. Unfortunately I had to leave that case early to go to a doctor’s appointment; it was fascinating to watch the trial first hand!
There’s a lot of social psychology as I mentioned above in the court room, with body language and how a person looks and acts which can greatly impact how a judge or jury will perceive you (which can greatly affect the outcome). I didn’t get a chance to hear the eye witness in the arson case, but I feel like the expert they can be a large affect on the jury. The eye witness saw that person committing a crime, and they have nothing to say so why would they lie? With those thoughts a juror can be really swayed To listen to the prosecution. Overall I really enjoyed this experience and I have a friend who is taking this class when they can and I’ll probably join them when they do their court observation!
My journey to the courthouse actually occurred a short while before this semester started. My dad had been called to jury duty and was participating in a fairly minor trial, so I decided to go and see how the process worked as well. I showed up to the courthouse a short while before the trial was supposed to start and asked the person at the jury information window which room the trial was supposed to take place in. The woman at the jury information window told me and I walked down the hall to the room and took a seat. A short while later, the judge entered, the jury took their seats, and the trial began. I unfortunately can’t remember what the defendant’s name was but they were being charged with possession of a controlled substance, specifically marijuana. The judge made a point of saying that it wasn’t the first time the defendant was caught with a controlled substance, beyond just marijuana. The prosecution made their opening statement, followed by the defense attorney. After that, both side presented evidence. The officer that caught the defendant in possession of the marijuana gave his testimony. Nothing interesting or surprising came of this of course, it just seemed to be standard procedure. The defendant was also called up to testify and claimed that that marijuana wasn’t his and that one of his friends must have left it in his car when they were spending time together one day. It didn’t seem like this swayed anyone’s opinion on whether he was guilty or not and I was surprised that such a weak testimony was being allowed by his defense attorney. Both sides continued to present evidence and deliberate for a while in the stereotypical manner I tend to see on tv shows and in movies. After both sides were finished, the prosecutor made his closing statement and the judge stopped him after it. The judge called the prosecutor and the defense attorney up to his bench and said something to them. The judge then told the jury to leave until they were called back. After being called back, the judge told the jury that they could go home. He said that the prosecutor mentioned something; I believe it was evidence or some sort, that hadn’t been brought up before in the trial. Due to this, the judge declared a mistrial. After releasing the jury, the judge turned his attention to me and asked me why I was there for the day. I told him my dad was participating on the jury and that I was currently a student in college. He asked if I was a criminology major and I told him that I was a psychology major and a minor in criminology and was planning to take psychology and law as a class for the upcoming semester. He asked if I had any questions about the trial and I asked him what would happen to the defendant since the prosecutor messed up and caused a mistrial. The judge told me that the defendant would likely get off on the charges due to the declaration of a mistrial.
The whole experience was fairly interesting, with the ending being the most interesting by far. The trial lasted about 4 hours overall and while interesting, seemed like a very boring and tedious process. My dad also wasn’t happy that his time was essentially wasted due to the prosecution’s mistake at the end.
Earlier this semester not only did I witness a court proceeding, but I was part of that court proceeding. After terminating our lease from a rental property in Cedar Falls in June of 2011 we received only 400$ of our original 1,500$ deposit. This was very frustrating for myself and my two other roommates because we have no problem with the three prior rental properties we obtained in the past. After viewing the landlords documentation and reasoning for the portion of the deposit he kept, along with some deliberation; we decided to proceed with small claims court.
This was the first actual court proceeding I was actually a part of. I have witnessed a murder trial for a prior criminal justice class, but nothings like being part of the real deal. From start to finish I was very pleases with Iowa's court system and how Black Hawk County processed our small claims case. From my research small claims settings and criteria varies from state to state. In Iowa the value at hand can not have a worth value of more than 5,000$ and no legal representation, like lawyers or attorneys, will be accepted in small claims court. The process was informal yet provided legal counsel and an accurate verdict; I was pleased.
After filing the small claims suit against our previous landlord, there was approximately a 3-4 month wait till we were scheduled for a mediation. The mediation was held at a separate location in Black Hawk county, besides the court house. A mediation is an informal type of discussion between both the prosecution(us) and the defense(the landlord). The goal of mediation is trying to settle on a dollar amount or verdict informally without involving the courts. There is a regular citizen that is appointed by the courts to see over the mediation and take notes that are eventually taken into evidence at the actual court proceeding.
The psychology aspect of the mediation was very different from that of the actual court hearing. As you can figure out by now; the mediation was to no avail and we agreed to settle in court. Being informal, the mediation is really one on one between the two parties. Besides the ref-like citizen taking notes, it's is the two parties in a room fighting it out. Some of the emotions from both parties boiled over at certain times. Really the main psychological aspect of the mediation was each parties presentation of their own evidence. The landlord in our situation tried to scare us with his prior legal knowledge and proof of damages and on the other hand we as tenants tried to make our claim with our evidence and proof that the majority of his receipts for damages were, in fact, inaccurate. It was really a mental game of sorts. For the first time we were face to face with a person who was falsely taking our money. Like any other human being we used to our best knowledge, the legal definitions and Iowa's legal code for tenant and landlord deposits.
In due time we finally made a small claims court date at the Black Hawk County court house. The hearing was about 3 months after our mediation. The actually court proceeding was a little more formal than the mediation, obviously it didn't hurt to look our best. Actually, how both parties look have a psychological factor to the out come of the court case. If you show up looking like a bum to a significant court hearing that impacts your life, I doubt the out come would be as favorable compared to showing up in a nice tailored suit.
A female magistrate was overseeing our small claims case. She was very polite and respectful of both parties. I was worried that the judge or magistrate would not show as much respect to a group of college kids in the court room compared to a veteran landlord. In the court room my mental process was to keep composure as well as confident. The impression that confidence and composure can have on authority is very powerful. The psychology of that authority(the magistrate) can be impressed and more respectful to someone who respects the court room.
About 2 months after our actual court hearing we received the verdict that we did win the majority of our deposit back from the landlord due to invalid receipts and unreasonable charges for damages. The success of my court room experience has left a positive impression of the Iowa court system on me. I do now understand why many individual's involved with the court system says it is overwhelmed. If our small claims case took over 6 months to complete, I can only imagine the time a capitol murder case would take. Psychology played a part in every aspect of our small claims court case. From mediation to the actual court hearing; ones own psychology and attitude can impact the out come of that event. Understanding psychology and how it plays into the legal system can help understanding/success in any court proceeding.
Over spring break, my fiancé and I went to the Polk County Courthouse in Des Moines. We talked to the information desk about what cases were being presented today. Unfortunately for us, it was a non-jury week. However, the secretary mentioned a forgery case. The defendant had tried to cash three checks that were not his, and when a police officer confronted him, he lied about what his name was.
Upon walking into the empty courtroom at 11:00, we met the Prosecutor. He asked me about this class and if I had any questions for him. He briefly told me about how trials work and about his job. I also met Judge McDonald who questioned if I was going to go into the field of law enforcement. During this time, the defense attorney kept pacing the courtroom and checking his watch and phone. After 30 min of waiting, the Judge called both attorneys into his office so they could discuss the motion. Forty-five minutes after the trial was supposed to start, the defendant appeared.
The first thing I noticed was the easy capability of incompetency of someone who knows nothing about how the criminal justice system works. When the prosecutor was describing the methods and “lingo” to me, it was very easy to get lost. Even with my fiancé (who majored in Criminal Justice) there explaining other aspects to me, it was still difficult to comprehend everything that was going on. When the defendant showed up, the Judge calmly told him they had already approved of the motion. Even after my fiancé and the prosecutor told me, I still don’t fully understand what means. However, if I had a specific training to further understand the criminal justice system, I believe that I would be more competent.
Another aspect of psychology I saw in action was the amount of information that each attorney shared with the other. Unlike in the movies where an attorney has some hidden secret surprise up his sleeve, both attorneys were equally knowledgeable in the way in which each wanted to pursue the trial. That being said, the prosecution and the defense each presented their arguments to each other and about why they felt that way. The prosecution brought up the fact that the defense had the burden of proof. He was to prove that the defendant did not in fact lie to the officer and try to cash three checks that were not his. In my opinion, that would be a difficult task. The officer saw him try to cash the checks and when he asked him what his name was he lied to the officer. After he was put in handcuffs, the officer realized that the name he told him was not the name listed on his license. The prosecutor told the defense attorney that he could try to charge him for interfering with official acts. However, he felt that if the defendant plead guilty, then he would not pursue the extra charges.
I attended a court hearing about a sexual assault case last week at the Waterloo Court House for about an hour. When we first arrived, the victim was actually on the stand testifying. We were initially unaware of what the hearing was about and who the witness was that was on the stand, but it didn’t take us long to start understanding what was happening. I think we arrived at a really good time because they had just started to show the witness’ video-recorded interview that took place back when the crime was committed (2011) and we really got a sense of how distraught and confused the victim was. It would take the witness a few long seconds to answer the questions that were being thrown at her and she seemed really nervous on the stand. She claimed to not remember pretty much the entire taped interview where she discussed the sexual assault that had been committed against her the night before, which I found to be interesting. We did get to see some of her testimony, but we only saw the very end of it. After the victim testified, the prosecution brought in the grandmother of the victim. The victim apparently went to her grandmother’s house after the crime had occurred and told her about the night before. While the grandmother was being questioned, she was constantly being interrupted by the defense attorney because she was unable to look at the events and answer in her own words without trying to tell what the victim had told her that day. This is hearsay, and she really had an issue with this. This was something else that really grabbed my attention from the hearing simply because it showed that the defense attorney was not afraid of being “annoying” or repetitive with his objections considering he really felt the answers were hearsay. The judge even had to eventually take the two attorneys out of the room to talk to them because it was become a constant occurrence and apparently needed to be addressed in private. The final witness that we had the chance to observe was the responding officer the day the crime was reported. The main questions that we were able to see that were asked of the officer centered on when he responded to the call and if he had any other officers with him, along with the setting of the house when he arrived. He reported that he went to the call alone, but was later joined by another officer. He said that it was just him, the victim and the grandmother at the residence until the other officer arrived. He also stated that it took right around 10 minutes to get the statement from the victim. The demeanor of the defendant the entire time we were there was the very cold. He had no emotion, but he did seem to glance over at the jury quite often to read their reactions to certain statements. I also felt quite uncomfortable myself when the victim was being questioned because it seemed like he was starting at her the whole time she was up there, and that could explain why she was looking down through the entirety of her testimony. She didn’t look up once.
I think that social psychology was really prevalent in the court room during this hearing. There was a constant manipulation of stimuli and other people simply because that’s the whole point of a court hearing. The attorneys manipulate the witnesses and the people in the court room in order to get their points across. I also think there is a lot of sensation and per caption present because the jury is constantly detecting and labeling the stimuli that the attorneys and witnesses are giving off. That is their job as well. I think that biopsychology was being hinted at as well because when they were discussing the interview that the victim had given that she didn’t remember, it comes down to them possibly trying to understand what may have been going on biologically with the victim that cause her to be unable to remember the interview. It could have been from fear, or because she was high on some kind of drug.
Over spring break, I went to the Howard County Courthouse in my hometown for about a half hour and sat in on an OWI arraignment. There were a lot of things that I learned while there, because I’ve never actually seen a trial in person before.
First off, the courtroom looked basically the same as on television (maybe just a little smaller, but that makes sense because it’s a small town). There was a spot for the judge, jury, and for people testifying. I sat in the back in the gallery area, and there were a few other people there too.
After sitting in on this, I now know that television shows really dramatize courtroom scenes, etc. This one was pretty slow paced and straightforward. Technically it was just an arraignment, so the defendant plead guilty and was sentenced, but I compared it to a term in the book, a “bench trial.” There was no jury, and the judge was in charge of hearing everything and sentencing, so that’s what it reminded me of.
Since this was the guy’s first offense, he got a lighter punishment. He was sentenced to two days in jail, 40 hours of community service, 90 days of license suspension, and some fines, but I can’t remember how much they were (I think somewhere between $500 and $1000). I also think he’s now required to go to an AA class for a while. Even though all of this is considered a “light punishment,” I still think it’s a lot. It’s definitely not worth it to drive drunk. This guy could’ve paid a little extra for a cab, but that’s nothing compared to the fines and time he now has to give up because of his sentence. Plus, this is now on his record (for everyone to see, as we learned in class that one day!).
Relating this to our textbook, I was wondering if the judge followed some determinate sentencing or sentencing guidelines. Determinate sentencing is looking at the severity and type of crime, and the corresponding sentence that goes with it. The book has a nice little chart on page 351. This is only an advisory tool that judges can use, but I was just wondering if maybe he consulted it? Going with that is sentencing guidelines, which are basically the same thing. Judges are not required to follow these, but they may still consult to see what the typical sentence is for the severity and type of crime, while also taking into account whether the guy is a repeat offender.
The last thing I wanted to discuss the sentences for a second, third, fourth, etc. OWI. Lucky for this guy, it was only his first offense. Hopefully he’s not that dumb again. But the sentences for these are pretty bad. I was looking on the Iowa DOT website, and it was really interesting. For each offense, there’s a lot more jail time, bigger fines, and more community service. I also found it funny that people convicted of an OWI have to get an Ignition Interlock Device (IID) installed in their car for up to a year. I’ve done reports on these before; you blow into the thing to start the car, and then blow periodically while driving to keep it running. Your blood alcohol content (BAC) has to be below the legal limit in order to operate the vehicle.
This was a really cool experience, and I think everyone should have to sit in on a court proceeding at least once in their life. It’s a real eye-opener, and it shows you how much it would suck to be in the defendant's position!
I went to Black Hawk County for my court proceeding. Of course, this didn’t start on time. Unfortunately, there was not a jury or any attorneys present for me at this one like I was hoping. There were a few cases that were looked at during this. I don’t know the full detail because the judge was talking to the defendant and not the entire room. So I know the bare minimum and some may be speculation.
The first one was for a domestic violence charge. The charge was pressed against the boyfriend by law. I think that they said if you have previously been charged twice prior to this current one. Legally your charges will escalade to a felon (or something higher I’m unsure). This man had a record with domestic abuse and the girlfriend wanted to drop the charges. The judge asked if she had a letter, and I’m assuming it’s from an organization like House of Hope or something. I learned in another class that a majority of the time you are forced to bring a letter from them in order to help your case. The woman did not have any letter and the judge then explained that dropping the charges was out of both of their hands. It was pretty clear the judge wouldn’t have dropped the charges regardless.
Another charge, I think, was an overdue charge for a DUI or OWI. The man was serving his sentence on weekends and was trying to get an extension on his payments. I’m not sure if the judge couldn’t or wouldn’t give him the extension. I think that the man had already had an extension and was requesting another but he wasn’t able to get it. I don’t know what happened to him though, they started talking rather quietly. I would assume he would have jail time if he was unable to pay his fine for the charge. I don’t really know how that works with the system.
The next case I honestly have no idea what it was about. I do know that the woman was very well put together, seemed wealthy, and she knew what she had to do. She had papers and I think a check organized in pile waiting for her turn and she then talked to the judge for a little bit and left. I found it odd that she would be there though. Maybe she had too much wine one night after a party, im not sure. Although it seems weird to see someone like her, who is so put together and clean cut, with a group of people who are disorganized, late, and some are not fully educated. I guess everything goes through one court in this county but it just doesn’t seem as though it really fits together.
I think doing this is a good way to experience things you may or may not regularly go do. It gives you an insight to the legal system in which we have to abide by. I think that seeing everyday people, and people that I would (unfortunately, sterotype) in being there. I think that this was a good blog to have to do. I really did enjoy hearing the other students’ stories about their experience and the cases they got to sit in on.
For my court visit I waited a little while in order to go to the Waterloo courthouse and watch someone who I had went to high school with. This person, whose name is Jon, was was being charged for a couple of serious misdemeanors. These charges were an unlawful possession of prescription drugs and possession of a controlled substance, marijuana. Each of these charges could have resulted in up to a year in jail and fines on top of that.
When I first entered the court house I had to go through the metal detector which did not surprise me. It made me feel safer knowing that some disgruntled criminal or family member couldn't just waltz in and take out their anger on the people and bystanders that convicted them. I went up to the help desk and asked the lady what courtroom Jon was going to be in. They directed me to the correct room he was going to be in and told me that it probably wouldn't be that interesting to watch because they were just going to be making their pleas or something. She suggested another room with a sexual assault case going on, but I wanted to see what was going to happen to Jon.
I walked into the courtroom and sat in the back by myself. The courtroom looked pretty much how I expected it to look, although I was surprised to see that there wasn't actually a jury present. I realized later that for the stuff I was about to be witnessing you didn't really need a jury. The courtroom was full of people sitting around looking kind of nervous. I was a little confused as to what was going on at first but I figured it out a bit later.
The judge entered and everyone had to rise. He then began calling people's names, who went to the front where he read aloud their charges and whether they wanted to plea guilty or not guilty. I realized that everyone sitting in the courtroom had been charged with something, most seemed to be possession of drugs, DUI/OWI, or other traffic related crimes. After their charges were read they plead either guilty or not guilty and were given a later court date for either sentencing or what I assume would be the actual court proceeding with a jury. Most people seemed to plead guilty however.
The judge went through people pretty fast, so I instead turned to observing the people waiting. Most just seemed like normal people wearing casual clothes, however there were some that dressed up nicely. This reminded me of how in class we talked about the "babyface" in which people will try and look innocent. Some people, mostly the younger ones, had their families present. I tried not to stereotype, but I liked to try to guess what people had done before their charges were read aloud. Mostly I was wrong and ended up being surprised at what the person had done. I found it interesting that some people had their lawyers with them, some did not, and some just had their lawyers present for them. It made me feel like the whole process I was witnessing was pretty informal.
I stayed for about an hour or so until Jon was called. He went to the front and the judge read off his charge. I'm pretty sure Jon pleaded guilty because he was trying to get the charges deferred. A deferred judgement can be given if the person had not prior used it on another charge. I also pretty sure that everyone gets one, or in his case it could be used for both because they were at the same time. As long as you remain out of trouble throughout your probation and don't pick up another charge, the charges will be dropped from your record after one year. Jon had a fairly clean prior record except for some driving tickets, so he was fairly certain he would be granted a deferred judgement. An interesting thing that I later found out was that the lawyer Jon's parents hired said that his ex wife was the state prosecutor. I found this funny and interesting, although I don't think Jon did.
After Jon had made his plea and received his next court date he left, so I didn't stay much longer. All in all it was interesting to witness, although I was a little disappointed that it wasn't exactly how I expected, with a jury, evidence, etc. I imagine that for those who pleaded not guilty that would be the next step for them in the court process.
For the court visit, I saw court proceedings back in San Antonio. I went to the Leon Valley court house. Leon Valley is a small town within the San Antonio city, this town is like a street long. There I showed up early around 8 am. When I showed up I walked into the double doors and saw people sitting around waiting for the judge to arrive and open up the court room. Some people were dressed up with business type wear. The building opened up at eight in the morning but the proceedings did not happen till nine in the morning. As people walked in they went up to the reception area where they checked in for court or some had just went in to pay their ticket. Once the doors opened everyone took a seat, it was a big room with individual chairs facing front, and up front was the judge’s bench. The bailiff came in and said please rise. Because there were a lot of people that day, the prosecution had come in to help some of the cases. She had a pile of yellow envelopes with her, and started calling names; she said that the people she called will be seeing her today. I sat next to a young lady who was in a dress, she must have been around sixteen years, or under the age of 18 because she had her father with her. The judge called people up one by one according the stack of envelops he had. The people would go up and stand in front of the judge. The judge would ask them to explain their story and then once hearing their story he would ask how do they plea, not guilty, no contest, or not guilty then based on their plea he would give them their sentence. The young girl was called up, she stood up there with her father; she was pulled over for driving without a license, no insurance and speeding. She explained that her parents were separated and her mom had been ill that day, so to help out she had gone to the store to get food for her brothers and sisters. They were hungry so she just wanted to make a quick trip to get some grocery’s to feed her family. She pleads guilty and the judge said she my pay the full amount of tickets. The psychological aspect I saw during the proceedings was social, and maybe cognitive. The young lady had used what she thought was a logical explanation. Her thinking, cognitive psychology aspect, had justified to herself what she did was not wrong. She saw that her family was hungry and she needed to do something to help them. In that situation she thought she’d take it upon herself to do something about it. Social psychology would be the judge’s bench in the court room. It sits high believed to be a sign of authority. I believe this causes intimidation towards the people. The judge sitting that high has an influence on the way he is seen through the eyes of the people. Also when asking for their personal story or what had happened the judge is trying to understand why they did what they did.
I arrived at the courtroom and listened to the beginnings of a domestic abuse case. The first part of the case was rather boring because it dealt with selecting the jury, although it was interesting to see how that unfolded because I have never been selected. The judge stated that they would carry 13 jurors instead of the usual twelve because this case called for an extra mind on trial. Of the 23 or so would be jurors only 13 were selected. I sat next to some older gentlemen who kept murmuring under his breath about how these lawyers went to law school and still don't know how to count, overall he seemed happy he wasn't picked.
During the selection process, the lawyer went around the room and called on individual people, asking their stances on certain issues and how they would respond to certain evidence if it was presented during an actual case. At the end of questioning, the lawyer did something interesting, he asked if anyone would like to answer a question that was asked of another person and give their own answer. One man when asked how he would respond to certain aspects of evidence being presented at a trial gave a great answer. Dealing in psychological terms he said that when people hear of domestic abuse cases their first thought is of a man beating a woman, not the other way around. The actual reason for the domestic abuse case was because of a woman beating her children, it had nothing to do with two adults. The lawyer brought back the notion of stereotypes and how our first instinct when hearing about a domestic abuse case is that a man beat his wife, not that a wife beat her kids.
Another aspect worth bringing up is how parents discipline their children. Spanking is a common method to punish a child when he/she has done something wrong. I have seen mothers smack their children's arms or hit them in the back of the head with a soft object such as a newspaper when they are misbehaving. But how far is too far in this scenario? Obviously you cannot beat your child, but for decades parents have relied on the spanking method to teach their kids right from wrong. I'm not here to argue whether or not that method is moral or not but it does generally teach their kids to not misbehave for fear of being spanked. In this case, however; we are not dealing with a simple spanking but more of an actual beating that occurred.
Today I attended a court hearing at the Black Hawk County Courthouse with some of my friends. Going into the courthouses we of course had to go through the metal detector and after struggling to find hearings that were going on as scheduled, we finally found one.
As we entered the courtroom the hearing had just started. The defendant was a man about 50 years of age, at least, and was wearing jeans and a nice shirt and coat. The judge started off by reviewing the man’s criminal history. The defense attorney helped the judge review this history. The defendant had a criminal record of four DOI’s in Iowa, and one in Wisconsin. This was his sixth DOI since the year 1990. However, it was his first offense since he had gotten his license back from his last DOI. He had also however had many times where he had violated his restrictions on his license, and drove anyways.
The defense attorney discussed the man’s alcoholism. He explained to the judge how even though he had another DOI, he has been struggling with alcoholism for twenty years. Due to his alcoholism, he has not only made bad decisions, but also led him to be without a job for several years in the late 1990’s. Since then, he has recovered somewhat and now has a full time job and works nights. The attorney also explained how hard he has been working to overcome his alcoholism, even though this DOI has been a setback. Then the attorney tried to plea bargain for his client, after his defendant plead guilty to the DOI. The attorney suggested that prison time would not be the best solution for his client, and that having some jail time along with all of the fines and having supervised probation in addition to a restricted license. He explained to the judge how for his situation, overcoming his alcoholism is the best solution for his problem, and how being able to keep his job and work through his problems was a more practical solution. However, he did say that it was important that his client have a restricted license so he would not be a threat to himself and others.
After twenty minutes or so, the judge finally made his decision. He sentenced the man to four days in the Black Hawk County Jail, around $4,000 in fines, 6 years of a barred license and around two years in supervised probation. In addition to all of this, he also was sentenced to take an alcoholism program. The judge talked to the defendant for a few minutes about how he should have given him prison time, but that he felt that this would not be as effective as the sentence he had in place to help him make better decisions. The judge gave lighter punishment than he completely deserved. He also mentioned how dangerous drinking and driving is to himself and the public. After that the hearing concluded and everyone left the courtroom.
All in all this was good experience. Although I personally believe that the man should have gotten a harsher sentence, because it was his sixth DOI in his lifetime, it gave me the full court hearing experience. I had been to a courtroom once before when my family adopted my little sister when I was six, but it was very interesting to experience it in a different context. In the future I would like to go back and see more cases, and possibly be on a jury. This hearing talked about the process of a court hearing we talked about in class, but unfortunately did not have a jury. It did show how alcoholism can cause people to make bad decisions, but is not an excuse to commit a crime. Overall, this experience taught me a lot about court hearings and the process.
Today I attended a court hearing at the Black Hawk County Courthouse with some of my friends. Going into the courthouses we of course had to go through the metal detector and after struggling to find hearings that were going on as scheduled, we finally found one.
As we entered the courtroom the hearing had just started. The defendant was a man about 50 years of age, at least, and was wearing jeans and a nice shirt and coat. The judge started off by reviewing the man’s criminal history. The defense attorney helped the judge review this history. The defendant had a criminal record of four DOI’s in Iowa, and one in Wisconsin. This was his sixth DOI since the year 1990. However, it was his first offense since he had gotten his license back from his last DOI. He had also however had many times where he had violated his restrictions on his license, and drove anyways.
The defense attorney discussed the man’s alcoholism. He explained to the judge how even though he had another DOI, he has been struggling with alcoholism for twenty years. Due to his alcoholism, he has not only made bad decisions, but also led him to be without a job for several years in the late 1990’s. Since then, he has recovered somewhat and now has a full time job and works nights. The attorney also explained how hard he has been working to overcome his alcoholism, even though this DOI has been a setback. Then the attorney tried to plea bargain for his client, after his defendant plead guilty to the DOI. The attorney suggested that prison time would not be the best solution for his client, and that having some jail time along with all of the fines and having supervised probation in addition to a restricted license. He explained to the judge how for his situation, overcoming his alcoholism is the best solution for his problem, and how being able to keep his job and work through his problems was a more practical solution. However, he did say that it was important that his client have a restricted license so he would not be a threat to himself and others.
After twenty minutes or so, the judge finally made his decision. He sentenced the man to four days in the Black Hawk County Jail, around $4,000 in fines, 6 years of a barred license and around two years in supervised probation. In addition to all of this, he also was sentenced to take an alcoholism program. The judge talked to the defendant for a few minutes about how he should have given him prison time, but that he felt that this would not be as effective as the sentence he had in place to help him make better decisions. The judge gave lighter punishment than he completely deserved. He also mentioned how dangerous drinking and driving is to himself and the public. After that the hearing concluded and everyone left the courtroom.
All in all this was good experience. Although I personally believe that the man should have gotten a harsher sentence, because it was his sixth DOI in his lifetime, it gave me the full court hearing experience. I had been to a courtroom once before when my family adopted my little sister when I was six, but it was very interesting to experience it in a different context. In the future I would like to go back and see more cases, and possibly be on a jury. This hearing talked about the process of a court hearing we talked about in class, but unfortunately did not have a jury. It did show how alcoholism can cause people to make bad decisions, but is not an excuse to commit a crime. Overall, this experience taught me a lot about court hearings and the process.
When I went to the court house, I was first told to go to a non-jury trial room about a theft. The defense attorney was the first one there, and he was talking to me about who I was and why I was there and told me a little about the case, which happened to be a theft involving something to do with an air conditioning unit, but I never actually got to find out because the prosecutor was late in getting to the trial, and as it turned out the man who was in charge of the case went home sick earlier that day, and the others in his office couldn’t find the case file. So this particular case was plea bargained out right before my eyes, where the state moved to drop all charges at the defendant’s cost, however due to such high subpoena costs, the judge ruled that the defendant only needed to pay the normal court costs that accompanied the trial for that day which was about sixty dollars.
The next case I went to see was a jury trial of a Waterloo School teacher who was charged with child endangerment because her husband was making meth in their basement and they claimed that she was aware of it. What I saw was a bunch of character witnesses for the defense, so we walked in on their neighbor, then we saw his mother, another of their neighbors, and his sister, who of course all testified that he would never do anything like this, and that they didn’t notice anything, oh they were so surprised to hear and poor Christy (his wife, the school teacher) etc… However, something that I found really interesting was that during direct examination the mother said how he was a little hyper but perfectly nice, and under cross she admitted that he was bi-polar, ADHD, and had had past drug abuse problems. When she said this, I could almost see the defense lawyer’s facial expression through the back of his head. I could tell by his posture that he wasn’t expecting to hear that, and that he immediately began thinking of excuses and ways to get around what she had said. I also noticed that several of the jurors perked up at this information, and one even rolled her eyes like, “Okay, I’ve made my decision, let’s go.”
To me this was the perfect example of not being able to unring a bell. Once the jury has heard something, even if they are told to disregard it, and not let it persuade their decision (even though that was not the case in this trial) they will, especially from a character witness such as the man’s mother. She obviously knew him the best, and even if it’s never said, the jury members are very likely to extrapolate that into deciding that wife had to know, making a conviction that much more likely.
This last week I went back home to see my family and I went to the Adel Court House which is about 20 minutes from where I live. I have been in there before, but that was to get my passport for when I went to Mexico. This time it was to watch some of the court proceedings. It was a Thursday when I went down and I went to court on that Friday since the courthouse is not open on Saturdays. But when I was going in I went through the metal detector and and just took off my belt, took out my keys, and put my phone in the basket. For me, I get nervous being around police just because they are police. I got through fine and then I went to the courtrooms. I knew where the courtrooms were because I have already been there before and I have passed the courtroom. One time I was there I remember seeing a man in his prison or jail orange jumpsuit in handcuffs and that is one of the only times I have seen anything like that. It was like the movies.
Once I got in the courtroom I sat in the back because I didn't want to try and be a disturbance to anyone. The case that was going on was just a man talking to the judge for a while. I am pretty sure he was just pleading guilty for a DUI. I got in late, but the next case was between two people. A women was getting a restraining order from a man that had been harassing her. I guess the man had been leaving the women threatening messages saying that he would "beat her up" and "hit her". The man was about 6 feet and was African American. He looked around 40 something years old and had a muscular build. The women was around 5'5" or maybe a little taller and was Caucasian. She had dirty blonde hair and looked to be a little younger than the man, but that was just my thought. These two had been married for a 13 years and they had recently divorced. The women had sole custody of their children so she did not have to let the father see the children whenever he wanted. She was the one who could choose when and where the children and their father should meet. It seemed like he hadn't seen the child in a while and he did not like this. The women had said that the relationship was abusive and that is the reason that they had gotten a divorce.
There was a day the lady was at her job as a secretary, (but I can't remember the company she worked at)and she received 5 messages from the man saying that he would hurt her if she didn't call her back. In psychology he was using the fear concept of persuasion. He said that was the only way she responded to him and I could believe him because to a women I would understand her to be scared. The judge heard all of this information, but he did not say whether or not the restraining order would be applied.
I thought the visit was very interesting and I stayed for about an hour. I really never want to go to the courtroom much more because I just do not like the atmosphere. It seems like there is so much negative energy there and people lie. That might just be me thinking too much when I went there because sometimes in different environments people act differently like I do when I am around police and security. I try and make sure that I am doing nothing wrong around them. I think this affects the people that are going to court as well. They may not be thinking clearly when in court because of nerves.
Court Visit –
“There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts.”
~ Mahatma Gandhi
I decided to use this court visit in a whole other direction than previous blogs since most court houses are the same and are filled with similar things, I wanted to get into the mind of the court system and the people who work there as well as use the psychology part of the assignment to my advantage. Read on…
I decided to go the Black Hawk Court house in Waterloo. Knowing full well of my plan to notate the psychological behaviors of everyone there using behaviors that change the environment I went dressed to set off the metal detector. I know, seems a little harsh or immature but nonetheless it was for educational purposes. As I walked into what was a very impressive structural building I found myself right in front of the guards and metal detector. I was dressed rather average looking and I had a purse and jewelry that I knew would cause a delay but that was the purpose. With my upbeat personality I greeted them with a “good morning”, right away the detector went off, I pulled a lighter out of my pocket. The second time I went through I took out some change; then the other guard pulled me aside and asked what I was doing there and so forth. From my smiley good morning response his face became crunched up, you can see he had tensed up after all the beeps. And then what he saw in my backpack must have appeared alarming. The other guard even took notice to how his demeanor changed as well. You see I hadn’t realized that chop sticks look pretty weird under the scanner. He began to open my bag and as I responded to his question, “what is your business her this morning?” which I told him that I was a student and was taking a tour for an assignment, I could see the relief in his eyes. He then saw the chops sticks were for my hair and not a weapon or knife. I can tell you that even I felt the tense and rise in my own blood pressure and I knew that I wasn’t carrying anything illegal, but just the fact that he grabbed my purse and questioned me still made me feel very uneasy.
I wandered around for a while and even poked in some offices to just look at the bulletin boards and all the notices everywhere. Then I walked into a courtroom that was having arraignments of some sort. I really didn’t pay too much attention to what the proceeding were about. I mean DWI, public intoxication, possession etc. I mean basically, you plead “guilty” or “not guilty” to the charges. If you have a lawyer or you need one appointed to you happens in every case. I was more interested in the psychological behaviors and everyone’s role and their behaviors. The attorneys were all very professional and on time. The people in the rows awaiting their name to be called seemed very nervous. You could tell who was there as the defendant and/or who was just there as a moral supporter. There is definitely a different look in their eyes and in their posture as well. A young man sitting next to me was completely rigid and looked very distressed. He kept looking at his watch and at the door behind us. I thought to myself “he must be waiting for his lawyer” and eventually I was proved correct because a few moments later his attorney did walk in. I also noticed a sign of relief in his who demeanor when it happened. Everyone looked distressed really, even the people who worked there and not just the people awaiting for the judge. I saw how the guard in the courtroom was just continuously scanning the room. He was there to observe everything as well as the peace maker. I noticed how just a look from him would make a person check their phone, just to be sure it didn’t go off in the courtroom. That is conditioning for you.
As I stood up when the judge walked in as everyone else did, I have to admit my fondness of the law was once again lit like a spark in a fire. I remember how I once wanted to be a lawyer, a prosecutor. I wanted to put away criminals especially those who commit horrendous crimes. I even played with the thought of even being a judge. I wonder if I still do that, be an attorney? I definitely am still very interested in the law as well as psychology and this visit once again pushed me into considering a career that meshs both concepts, psychology and law.
I stayed there for a little over an hour. As people pleaded their case out, receiving fines, probation and/or jail time I have to admit the room was bleak and full of what seemed like sadness. I felt bad for them especially when I admitted to one who I was. She was shocked “you’re a UNI student?” and I nodded my head. Unfortunately, she said, I am here for my second DWI. She said she already knew she was gonna do sometime, a deal she had already struck with the prosecutor. I just listened to her as she expressed her sorrow and regret. Then she wished how she would have never went out that night of the arrest and then she said was sorry again. Her mom was sitting right next to here and you could just feel the sadness that comes from a mother’s heart towards when she looked at her child. The mom said “I just can’t save her now”, tears rolling down her face. I felt sad, too and that’s when I decided to leave. I didn’t have the heart to even say goodbye I just excused myself because I really didn’t want to see the young woman being taking away and see her mother probably start to cry. As I left the courtroom I wondered how many of them were also wishing they hadn’t done whatever it was they did. I also realized how lucky I truly was, I was just visiting.
As I was walking out I stopped by the guard’s station again I thanked them for their service. I got another look of a crunched up face, “Never heard that before” one of them said. I laughed, “well, I really felt safe while I was here and that’s the whole truth and nothing but the truth so help me God”. I have to say I left those guards with grins from cheek to cheek.
Terms: Court, psychology, court system, behaviors, admitted, metal detector, educational, environment, guard, judge, scanner, questioned, arraignments, lawyer, attorney, DWI, proceedings, public intoxication, guilty, not guilty, case, appointed, psychological, courtroom, illegal, knife, weapon, conditioning, prosecutor, law, probation, jail, fines and the truth.
This past Monday I was in my home town and went to a court visit. I had known the probation officer, because she is a family friend and told me when the case was going to be. One of the people she was supervising broke his parole. He was supposed to call in to a certain number and if his number was given then he was supposed to go in and take a drug test. There were multiple times when he had failed to do so, so he was brought into court. This was a usual trial because there were no jurors, etc. Therefore it was a bench trial. A bench trial is a trial in which the judge decides the outcome of a case. This guy was known for doing drugs. He had committed many new offences after having been released from prison and the judge took this into account when he arrived. The judge required him to do another UA test before the trail began. We waited a few minutes for the results to come back, and when they did it was positive for drugs. Therefore he was under the influence and could not have his trial. She then ordered the US Marshals to take him into custody. The probation officer that is a family friend asked me if I would like to go into the booking room and observe as she talked to him. (of course I said yes) She interrogated him and asked why he would risk going back to jail, and that they had just talked about this. He started crying, which I thought was odd for a man his size, and denied doing any illegal substances (which was obviously a lie.) I think he knew he was in trouble. Later I found out his next trail date was set in 2 weeks, so he was going to have to sit in jail for that long. Turns out it might be good for him to get some thinking accomplished. This was a great experience for me, I especially thought it was very cool that I got to see the US Marshals take him away and also to sit in on his questioning. I hope to go back soon just for the fun of it!
I went to a court preceding yesterday, April 25th. I visited the Blackhawk County Courthouse. I was able to sit in on a case with a jury. I did not see the beginning of the case but I was still able to sort of piece together what was going on. At first while sitting there the defense attorney was talking to me and he said this was going to be a boring case to watch. One of the other students in our Psychology and Law class was also their but she was involved in the case. I am not sure what her job was but she was sitting on the other side of the wall. I thought that was pretty interesting.
When the case started up, the first witness seemed very boring. The attorney for the plaintiff asked questions detailing her work. She worked for a company that gave out grants and financial aid to people that were involved in floods in Cedar Rapids in 2008. The questions led to the plaintiff not getting enough money to repair all of the damages for her house. Also she did not receive help finding people to do the work.
The next witness was extremely interesting. The plaintiff's attorney asked about two questions and then the defense attorney objected saying that the witness was not noted as a witness. The judge asked the jury to exit the courtroom while the attorneys and judge talked about the problem. The prosecution wanted to be able to have the witness leave, get her name on the list of witnesses and call her back to the stand on Monday. The defense attorney said that would not be fair because then he could just call anyone he wanted to the stand. The judge ruled that the witness would not be able to get on the stand. He asked her to leave and called the jury back from the deliberation room.
The next witness was a chiropractor that had given the lady treatments. At this point I found out that she had apparently been in a car accident where she suffered some back pain, neck pain, and knee pain. The prosecution asked very specific questions about the treatments given, and how the patient responded to treatments. Also during these questions the chiropractor explained what makes up the spine. He also talked about what a chiropractor does and how they receive their educations. While talking to the chiropractor they mentioned that the lady had fallen and cracked her skull.
This case appeared to be about a lady that wanted to receive money from someone. I could not figure out who she wanted money from. I also could not tell why she wanted money. They kept talking about how she had to work on her own home after the flooding, they talked about the car accident, and they talked about her falling down. I wish I could have watched the beginning of the case so I would have known all of the details.
I decided to leave at this point because I had to go to work and I did not want to get a parking ticket because I parked at a meter. After going outside I found that I had gotten a parking ticket because my meter expired and I got the ticket 10 minutes before I got to my car. That was pretty frustrating because I thought I had two hours but apparently I only had about an hour and a half.
All in all I thought this was an interesting experience. I was pleased that I got to see an objection. I was not expecting for anything like that to happen. Although the attorney said it was going to be boring I was able to pay attention throughout the whole time I was there.
I went to a court preceding yesterday, April 25th. I visited the Blackhawk County Courthouse. I was able to sit in on a case with a jury. I did not see the beginning of the case but I was still able to sort of piece together what was going on. At first while sitting there the defense attorney was talking to me and he said this was going to be a boring case to watch. One of the other students in our Psychology and Law class was also their but she was involved in the case. I am not sure what her job was but she was sitting on the other side of the wall. I thought that was pretty interesting.
When the case started up, the first witness seemed very boring. The attorney for the plaintiff asked questions detailing her work. She worked for a company that gave out grants and financial aid to people that were involved in floods in Cedar Rapids in 2008. The questions led to the plaintiff not getting enough money to repair all of the damages for her house. Also she did not receive help finding people to do the work.
The next witness was extremely interesting. The plaintiff's attorney asked about two questions and then the defense attorney objected saying that the witness was not noted as a witness. The judge asked the jury to exit the courtroom while the attorneys and judge talked about the problem. The prosecution wanted to be able to have the witness leave, get her name on the list of witnesses and call her back to the stand on Monday. The defense attorney said that would not be fair because then he could just call anyone he wanted to the stand. The judge ruled that the witness would not be able to get on the stand. He asked her to leave and called the jury back from the deliberation room.
The next witness was a chiropractor that had given the lady treatments. At this point I found out that she had apparently been in a car accident where she suffered some back pain, neck pain, and knee pain. The prosecution asked very specific questions about the treatments given, and how the patient responded to treatments. Also during these questions the chiropractor explained what makes up the spine. He also talked about what a chiropractor does and how they receive their educations. While talking to the chiropractor they mentioned that the lady had fallen and cracked her skull.
This case appeared to be about a lady that wanted to receive money from someone. I could not figure out who she wanted money from. I also could not tell why she wanted money. They kept talking about how she had to work on her own home after the flooding, they talked about the car accident, and they talked about her falling down. I wish I could have watched the beginning of the case so I would have known all of the details.
I decided to leave at this point because I had to go to work and I did not want to get a parking ticket because I parked at a meter. After going outside I found that I had gotten a parking ticket because my meter expired and I got the ticket 10 minutes before I got to my car. That was pretty frustrating because I thought I had two hours but apparently I only had about an hour and a half.
All in all I thought this was an interesting experience. I was pleased that I got to see an objection. I was not expecting for anything like that to happen. Although the attorney said it was going to be boring I was able to pay attention throughout the whole time I was there.
I went to a hearing that involved a seven year old girl and a 13 year old boy. The defendant, 13 year old boy, had exposed himself and had made the girl touch him inappropriately. This happened the Saturday before Thanksgiving. The mother of the girl had actually caught the 13 year old boy exposing himself and the girl was covering her eyes and he was guiding her hand into his sweatpants.
At the time of the trial, the boy had just returned from a 30 evaluation center. The defense attorney didn't disclose the findings publicly. The defendant's main plea was that the boy didn't know what he was doing was wrong. But the prosecutor countered by saying, "If he didn't know what he was doing was wrong, why did he hide behind the bushes while committing the crime and threaten the victim not to tell anyone." To me that was proof enough that he knew what he was doing was wrong. The two lawyers bantered back and forth for a while but finally the judge broke it up.
The defendant plead guilty to exposing himself but not to any other assault charges that were being held against him. For right now, the next court date it the 1st of May, so in a little less than a week. The case is extremely close to my heart, because the victim is my niece. I am being as objective as possible when posting today but because of what he has done a lot of stress and harm has been done to my family.
Instead of going home and enjoying a lazy Thanksgiving break, I found out the Monday after it had happened and spent my week talking with lawyers, social workers, counselors, and law enforcement. My parents, sister and I have had to miss extensive amounts of school and work putting a huge strain on our lives as well as my niece's. So, I got a first hand look at how long, complicated and drawn out the court system can be. Also, did you know that in the state of Iowa sexual assault victims are unable to obtain a restraining order? Pretty messed up, I know.
Anyway, the odds are stacked high against him. He has been known to have problems in school and was also caught using a school computer to look up pornography. He also shows little to no remorse for what he has done. He has also blatantly disregarded his orders from the police to have no contact with my niece or nephew on a couple of occasions. There is also a testimony that my niece has that states that this wasn't a one time occurrence. We took her to St. Luke's hospital because they have a department that deals strictly with kids who were involved in crimes. What they do is talk to the children in a way so that there is very little chance that they can be led on by others. This is the best way to get an honest account of what happened.
Like I said before, we are now waiting for the next court date to move further along in the process. It feels like this will never end but my family and I have to keep moving forward if we want to protect my niece and other children from him.
During my courtroom visit, I was actually one of the people working on the case so I knew what was going on, what kind of prep work was involved before going to trial and who was all going to be testifying. It was very interesting to see how everything played out in the courtroom however, Voir Dire especially.
It was my first time ever witnessing Voir Dire and knowing what types of characteristics my attorney was looking for really helped me understand why he wanted certain jurors. The process started on a Monday morning when myself, my attorney and the paralegal all walked in to a courtroom full of people. I was not expecting to see everyone just sitting around waiting for us. We immediately had to be quite and I was warned not to talk about the case infront of these people. Little did I know that all these people were apart of the jury pool. There had to be about 30 people all packed in to a little courtroom waiting for the judge and both attorneys to become present. After both attorneys and the judge along with the court reporter came in, Voir Dire started. The courtroom attendant started naming off 16 different names at random and they were asked to sit up in the juror chairs while I was instructed by my attorney to write each name down as it was called respective to where each person was sitting. After the random drawing was finished everyone was instructed to leave the courtroom except for the attorneys and the judge. They then went through each name that was called and picked the people that they did not want to have on the jury panel. For instance, our client, the plaintiff was 52 years old and had been involved in a car accident. My attorney did not want any younger people to serve on the jury because she believed that they wouldn’t be sympathetic toward our client’s situation. Also he wanted more of a middle class group instead of people who were of higher education because again they would be more similar to our client. This type of profiling that my attorney used was called stereotyping. He used general personality tendencies to pick out who he thought would be best on this jury. After he picked out who he wanted, the jury came back in and one by one, using his challenges for cause, asked different questions in which excused some potential jurors from the trial. What we had left was a cognizable group that possessed similar qualities as our client.
I thought Voir Dire was really interesting when I actually got to see it first hand; reading about it and seeing it are definitely two different things. My attorney definitely, whether he knew it or not, was working off of the similarity-leniency hypothesis which operates on the basis that jurors who are most similar to our client who was the plantiff in this case, would be more empathetic to her situation and identify with her causing them to be more likely to award her the money that she deserved.
Some background to the case is that our client, the plaintiff, was involved in a four car pile-up in which the defendant’s car rear-ended a car, in which rear ended our client’s car, in which rear-ended another car ahead of hers. Fortunately no one was hurt that day, but after a few days our client started developing serious back problems which has led to multiple surgeries and almost a quarter of million dollars in medical expenses out of pocket combined with insurance payments. Since the accident four years ago her life has been in a steady downward spiral to where today, she can barely get herself dressed in the morning. This case is being tried as a civil case in which we are asking $100,000.00 to be reimbursed to our client for past and future medical expenses. I have spent a total of 3 years on this case in which I took statements of various witnesses involved, put together exhibits as well as have testified on our clients behalf to what I found surrounding the case. It’s crazy that after those 3 years, we have only spent about a week in court allowing our findings to be heard by a jury. This upcoming Monday the 29th we will finish with closing arguments and hear the verdict of the jury. Hopefully it will be good!
Going to the trial was a very eye opening experience, I was not able to stay for the entire time but I saw three witnesses. If I had been there since the beginning I feel that I would have been able to understand a little bit more of what was going on. What I gathered was that someone was suing the other for some kind of accident involving injury. The defendant was very good where the plaintiff’s attorney seemed to keep making mistakes. The first mistake was that he failed to put a witnesses name on the list, so the entire testimony had to be taken away. The jury was taken out of the room while the judge and attorneys deliberated. This part of the trial was very interesting to me. At times it seemed as if everyone was speaking a foreign language, although it was easier for me to catch onto the words that I had heard, it was fun for me to pick up more on the meanings of the words when they were used in real life.