COURTROOM DICTIONARY EMILY DICHI 1 Monday, December 5, 2011
INDEX VOCABULARY WORDS USED IN A COURTROOM..3 COURTROOM EXPRESSIONS.........................................5 STAGES OF A CRIMINAL CASE.....................................7 CHARACTER ANALYSIS...............................................10 PLOT ANALYSIS..............................................................13
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VOCABULARY WORDS
Acquittal: A legal determination that a person who has been charged with a crime is innocent. Adjudicate: To decide judicially in court. Appeal: A request for a higher court to review a decision made by a lower court. Arraignment: When the accused is brought before the court to hear the charges against him or her. They plead guilty or not guilty at this time. Bail: Security (usually money) to insure that the accused person appear at trial. Conviction: The result of a criminal trial in which a person is found guilty. Cross-examination: The questioning of a witness by the lawyer for the opposing side. Direct-examination: The first questioning in a trial of a witness by the lawyer who called that witness. Docket: A written list of all important acts done in court with regard to an individual case from the beginning to end. Ex Parte: By, or for, or on the request of one party only, without notice to any other party. Hearing: A court proceeding before or after the trial of a lawsuit. Indictment: An accusation of a crime, made against a person by a grand jury upon the request of a prosecutor. Information: An accusation of a crime, made against a person by the prosecutor. Judgment: The decision of a court of law. Mistrial: A trial that becomes invalid, is essentially canceled, because of a mistake in procedure. Motion: How a lawyer asks the judge to make a decision. Oath: A declaration of a statement's truth, which renders one willfully asserting an untrue statement punishable for perjury. Objection: The opposing side finds fault with the question being asked the witness. Overruled: The judge, following an objection, decides the questions may continue. Parole: Conditional release from prison before the end of a sentence. Perjury: A deliberate lie said under oath. Plaintiff v Defendant: This is the way a case is always set up in writing. The name of the person or organization filing a lawsuit goes first; the name of the person or organization being charged goes last. The “v” is an abbreviation for the word “versus.” Plead: To answer an allegation. 3 Monday, December 5, 2011
Proceeding: Any hearing or court appearance related to the adjudication of a case. Remand: To send a case back to the court from which it came for further proceedings. Reverse: To set aside a judgment on appeal or proceedings in error. Sustained: The judge, following an objection, agrees that the line of questioning should not continue. Verdict: A verdict of guilty or not guilty is handed down by the jury. Sentence: The punishment given to a person who has been convicted of a crime. Warrant: A written order from a judge or magistrate that allows the police to arrest a person or to conduct a search. Your Honor: The way a judge is addressed in a courtroom.
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Commands
EXPRESSIONS
Requests for permission
• Bail should be continued. • Call your next witness. • Can you tell the jury … ? • Could you briefly describe … ? • Could you describe the appearance of (a package, etc.)? • Counsel, lay a foundation. • Defendant will be remanded. • Don’t belabor the point counselor. • Don’t discuss the case. • Don’t volunteer explanations of your answers. • I direct the jury to disregard the statement that … • Jurors may be excused. • Keep your voice up. • Keep your own counsel, don’t talk about the case. • Let’s have the charge conference. • Make your application to Judge ( … ) . • May the record reflect … • May I have it? • Members of the jury, you are instructed to disregard … • Mr. X will reduce the decibel level. • Please proceed. • Please raise your right hand. • Please remain standing. • Please resume your seat. • Poll the jury. • Remember, you are under oath. 5 Monday, December 5, 2011
•At this time I would like to read (a letter, etc.). • Could I have a brief voir dire? • Could we have a sidebar? • I move to strike (the answer, etc.) • I would like to advise the court (that the defendant is not present, etc.) • I would ask that the court instruct the witness (to answer yes or no, etc.) • I would ask most respectfully, your Honor, for a ruling. • If it please the court … • Let me call your attention to (that evening, etc.) • Let me direct your attention to (the picture in front of you, etc.) • May I approach the bench? • May I beg the court’s indulgence for a moment? • May I call my first witness? • May I have the witness approach (the blackboard, etc.)? • May I inquire? • May I publish these (photographs, etc.) to the jury? • May it please the court … • May we approach? • May we get a ruling? • May we have a short recess? • May we see you at sidebar, your Honor?
Requests for information (requiring a yes or no answer) • Are you familiar with a device known as (a beeper, a cell phone, etc.)? • Are you familiar with this? • Can you tell from looking (whether it’s yours, etc.)? • Directing your attention to People’s exhibit (one, etc.) in evidence, can you tell the Court what is exhibit (one, etc.)? • Do you recall making this statement? • Do you recall this question? • Do you recognize that exhibit? • Do you swear that this is a true and accurate statement? • Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God? • Do you swear to well and truly interpret these proceedings, so help you God? • Do you solemnly swear (or affirm) that the answers you are about to give, touching upon your qualifications to serve as jurors in this case now before the court, will be the truth, the whole truth and nothing but the truth, so help you God? (oath to prospective jurors) • Do you want the jury polled? • Do you wish to say anything before sentence is imposed? • Does (the picture, etc.) reasonably and accurately depict (the building, etc.)? • Does that refresh your recollection? • Did you discuss (cocaine, etc.?)
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Statements • At this time the defense rests. • At this time the government rests. • Criminal cause for pleading, U.S. vs (…). • Each count carries a (x dollars) fine. • (Exhibit one, etc.) is received in evidence. • (Exhibit one, etc.) is marked as evidence. • I’ll enter a not guilty plea on your behalf. • I’ll show you what has already been received in evidence as People’s exhibit (one, etc.) handing you exhibit (one, etc.) for identification. • I am showing you (a cassette tape, etc.) • I call your attention to (the incident, etc.) • I deny your motion. • I don’t have any objection. • I find that the government has sustained its burden aided by the presumption. • I have a procedural matter. • I have no further questions. • I have to reserve an application. • I move for a directed verdict. • I now show you (a device, etc.). • I object on the grounds that (the answer was not responsive, etc.) • I object to that; no predicate has been laid. • I object to these self-serving statements. • I offer government exhibit number (x) into evidence. • I remind you that you are still under oath.
Stages of a Criminal Case Criminal prosecution develops in a series of stages, beginning with an arrest and ending at a point before, during or after trial. The majority of criminal cases terminate when a criminal defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or to lesser charges in exchange for a more lenient sentence or the dismissal of related charges. Arrest Criminal prosecution typically begins with an arrest by a police officer. A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date. Bail If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. Release on bail is contingent on the suspect's promise to appear at all scheduled court proceedings. Bail may be granted to a suspect immediately after booking or at a later bail review hearing. Alternatively, a suspect may be released on his "own recognizance." A suspect released on his own recognizance need not post bail, but must promise in writing to appear at all scheduled court appearances. Own recognizance release is granted after the court considers the seriousness of the offense, and the suspect's criminal record, threat to the community and ties to family and employment.
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Arraignment The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review the defendant's bail and set dates for future proceedings. Preliminary Hearing or Grand Jury Proceedings The government generally brings criminal charges in one of two ways: by a "bill of information" secured by a preliminary hearing or by grand jury indictment. In the federal system, cases must be brought by indictment. States, however, are free to use either process. Both preliminary hearings and grand juries are used to establish the existence of probable cause. If there is no finding of probable cause, a defendant will not be forced to stand trial. A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Pre-Trial Motions Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial.
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Trial At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the burden of proof in a criminal trial. Thus, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crimes charged. The defendant has a constitutional right to a jury trial in most criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to opening and closing statements, examination and cross-examination of witnesses and jury instructions. If the jury fails to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be dismissed or a new jury will be chosen. If a judge or jury finds the defendant guilty, the court will sentence the defendant. Sentencing During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant. In determining a suitable sentence, the court will consider a number of factors, including the nature and severity of the crime, the defendant's criminal history, the defendant's personal circumstances and the degree of remorse felt by the defendant. Appeal An individual convicted of a crime may ask that his or her case be reviewed by a higher court. If that court finds an error in the case or the sentence imposed, the court may reverse the conviction or find that the case should be re-tried.
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CHARACTER ANALYSIS JUROR 7
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He is impatient because when the votes came 6 to 6 he voted not guilty so that the votes were 7 to 6 so the jury duty would end. He is a salesman. He did not gave many importance to the the case because at the beginning he said: “Goddamn waste of time�. 11 Monday, December 5, 2011
He was the 7th to vote not guilty. He is a baseball fan, he had tickets to that night baseball game. Yankees vs Cleveland. He was the only one using a hat. His clothing was flashy and not the same as the others. The deliberation of the trial was indifferent to him. He did not care about the resolution. He was really concerned about time, he wanted this to end fast. He started to throw paper balls to the fan, that showed a childish attitude. 12
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THEME One person can change the people´s thoughts with good arguments. TOPIC Nine jurors discussing a case trying to solve it. EXPOSITION The boy, juror 1, juror 2, juror 3, juror 4, juror 5, juror 6, juror 7, juror 8, juror 9, juror 10, juror 11, juror 12, the 2 witnesses, the judge. The story takes place in New York in a courtroom and in a jury room. CONFLICT External conTlict-‐ The juror number 8 had a conTlict with the juror 3, the juror three told him he was going to kill him and almost punch him. The kid has some issues vs. his neighbors, they were the witnesses and were against the kid, they were saying irrelevant things about what they saw and listened. The juror number three was struggling against nature because he was sick. Internal conTlict-‐ juror 3 has strong issue as all this reminds him about his son. His conTlict is his son hit him at the age of 16 and left the house, that why he wanted to kill this kid. RISING ACTION The witnesses were an important part of the growth of the problem, the old man said he stand up in 15 second and saw the kid running away and listened the kid screaming I´m going to kill you and then a man slapped the Tloor. The Young women said she saw how the kid killed his father from his apartment. CLIMAX Juror 9 starts explaining why the old man is wrong about saying he get to the door in 15 seconds and he makes the same measures in the room from his house and he starts demonstrating the old man can not get to the door in 15 second, he did it in 41 seconds and that’s when he convinces the majority of the people to vote not guilty. FALLING ACTION Juror nine explains that the woman couldn´t see the kid killing his father because she uses glasses and she was trying to sleep, and people doesn´t usually sleep with glasses. This was when some jurors changed their mind to vote not guilty, the juror 3 votes not guilty and now it 11 not guilty vs. 1 guilty. RESOLUTION The juror nine makes the juror three thinks about it another time and that’s when he took out his picture. OUTCOME When they Tinish convincing the number three and the juror three took out his son kid and starts crying and he Tinally votes not guilty. 13 Monday, December 5, 2011
DIFFERENCES AND SIMILARITIES OF THE BOOK AND MOVIE
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MOCK TRIAL 2011 10-B
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