twelve angry men

stages of a criminal case

jacobo roffe cattan 10 b

Thursday, December 1, 2011

ARREST

arrest is when a police officer places a person under arrest,An "arrest" occurs when a person has been taken into police custody and is no longer free. the arrest is complete when a police officer tells somone he is under arrest


Booking and bail

After a suspect is arrested the next step is putting the person into police custody, and determine if hi or she are eligible to release from custody for an amount of money


Arraignment

After arrest and booking the next step is arraignment when the accused is called before a criminal court judge,and the judge reads the criminal charge(s) against the person(x)Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney;Asks the defendant how he or she answers, or "pleads to", the criminal charges -- "guilty," "not guilty," or "no contest"; Decides whether to alter the bail amount or to release the defendant on his or her own recognizance Announces dates of future proceedings in the case, such as the preliminary hearing , pre trail motion , and trial.


plea bargain

many criminal cases en up in plea bargain, usually is before trial.

a plea bargain is when the defendant agrees to one or more charges(often is a lesser charges than the one they could have in trial)


trial

when the defendant is charged with a crime and he docent agree to the plea bargain the next step is trial.

a trial is a moderated discussion where theres a judge and a jury that decides if the defendant is guilty or not


sentencing

after a defendant pleads guilty or, or goes to trial, the judge and the jury will diced on the appropriated punishment for that case


appeal

• after the sentencing the case is not over the defendant can appeal to have a lesser charge

• In an appeal, the defendant (now called the "appellant") argues that, based on key legal mistakes which affected the jury's decision, and can get re sentenced or re tried


courtroom dictionaryjacobo roffe cattan 10 b


COURTROOM VOCABULARY WORDS

Acqui4al: A legal determina?on 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 ?me.

Bail: Security (usually money) to insure that the accused person appear at trial.

Convic?on: The result of a criminal trial in which a person is found guilty.

Cross-‐examina?on: The ques?oning of a witness by the lawyer for the opposing side.


Direct-‐examina?on: The first ques?oning in a trial of a witness by the lawyer who called that witness.

Docket: A wri4en 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 no?ce to any other party. Hearing: A court proceeding before or aUer the trial of a lawsuit.

Indictment: An accusa?on of a crime, made against a person by a grand jury upon the request of a prosecutor.

Informa?on: An accusa?on 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 essen?ally canceled, because of a mistake in procedure.


✤ Mo?on: How a lawyer asks the judge to make a decision.

Oath: A declara?on of a statement's truth, which renders one willfully asser?ng an untrue statement punishable for perjury.

Objec?on: The opposing side finds fault with the ques?on being asked the witness. Overruled: The judge, following an objec?on, decides the ques?ons may con?nue. Parole: Condi?onal release from prison before the end of a sentence. Perjury: A deliberate lie said under oath.Plain?ff v Defendant: This is the way a case is always set up in wri?ng. The name of the person or organiza?on filing a lawsuit goes first; the name of the person or organiza?on being charged goes last. The “v” is an abbrevia?on for the word “versus.”

Plead: To answer an allega?on.

Proceeding: Any hearing or court appearance related to the adjudica?on 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 objec?on, agrees that the line of ques?oning should not con?nue.

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 wri4en 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.


commands • As jurors you are not to be swayed by sympathy.

• Bail should be con?nued.

• Call your next witness.

• Could you briefly describe . . . ?

• Could/Would you describe the appearance of (a package, etc.)?

• Counsel, lay a founda?on.

• Defendant will be remanded.

• Don’t belabor the point, counselor.

• Don’t discuss the case.


• Don’t volunteer explana?ons 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 applica?on to Judge (X)

. • 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.

• Rephrase the ques?on.

• See if you recognize it.


• Speak into the microphone.

• State your full name for the record.

• The following prospec?ve jurors are excused.

• The witness will resume the stand.

• Use your common sense.

• Will the defendant please rise.

• Will the prospec?ve jurors please stand.

• Will the people in the well of the courtroom please stand.


request for information(regarding yes or no answers)• Are you familiar with this?

• Can you tell from looking (whether it’s yours, etc.)?

• Direc?ng your a4en?on to People’s exhibit (one, etc.) in evidence, can you tellthe Court what is exhibit (one, etc.)?

• Do you recall making this statement?

• Do you recall this ques?on?

• 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 helpyou 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 qualifica?ons 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 prospec?ve 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 recollec?on?

• Did you discuss (cocaine, etc.?)

• Did you go to trial or did you plead guilty?


request for informationRequests for informa/on

• Have you been threatened or coerced into pleading guilty?

• How are you employed?

• How much schooling have you had?

• How do you plead?

• How do you plead to the charge contained in count (x)?


STATEMENTS

• At this ?me the defense rests.

• At this ?me the government rests.

• Criminal cause for pleading, U.S. vs (. . .).

• Counsel is mischaracterizing the witness’s tes?mony.

• 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,


• I am showing you (a casse4e tape, etc.)

. • I call your a4en?on to (the incident, etc.).

• I deny your mo?on.

• I don’t have any objec?on.

• I find that the Government has sustained its burden aided by the presump?on. • I have a procedural ma4er.

• I have no further ques?ons.

• I have to reserve an applica?on.

• 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 s?ll under oath.

• I’ll rephrase the ques?on.

• I’ll show you what has been marked for iden?fica?on as exhibit (one, etc.).

• Do you recognize that?

• I’m going to move to strike that answer as nonresponsive.

• I said, “Freeze!”

• I take it that (you were together, etc.).

• I’ll address any applica?on to the district court.

• I use the struck jury method of picking a jury

. • I would submit that they’re condi?ons to ensure Mr. (X’s) return to court

. • It is received.

• Lawyers may exercise challenges.


• • Marked as evidence.

• • Mo?on denied.

• No objection.

• Not that I recall.

• Objec?on.

• Objec?on to the form, your Honor.

• Objec?on, your Honor, leading.

• Overruled.

• Received.

• Received in evidence.

• Received subject to connec?on.

• Sustained.


• MOCK TRIAL

2011

10th b


character analysisjuror#3

by:jacobo roffe cattan


juror # 3 was a messenger service owner he was about 40 years old and he got very angry easily and screams a lot,


juror # 3 was the last one to vote not guilty he was very angry with himself because his son walked away from him so he had a lot of prejudice about teenagers that do not respect their father


the other jurors did not liked him because of his temper he always screamed at everyone and had a lot of prejudice about kids that live in the bad streets, he got in a lot of fights with all the jurors


his role in this case was that the accused was guilty and he wasn't going to change his vote because he was sure that we was guilty , in fact he was the last one to vote not guilty, he was wrong to vote guilty because his vote was based on a prejudice,you can know it was a prejudice vote because at the end...


...of the movie when he was the last one to vote guilty, he was almost crying because he remember his son that walked away from him and hi tarred up his photo of his son when he voted not guilty.


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twelve angry men