Unit 3: "Twelve angry man"

Courtroom Dictionary Rossie Penhos

Monday, December 5, 2011

Acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.

Allegation: something that someone says happened.

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Appellate: About appeals; an appellate court has the power to review the judgment of another lower court or tribunal.

Arraignment: A proceedingAcquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.

Allegation: something that someone says happened.

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Appellate: About appeals; an appellate court has the power to review the judgment of another lower court or tribunal.

Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Bench trial: Trial without a jury in which a judge decides the facts.

Brief: A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favor of that lawyer's client.

Chambers: A judge's office. in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.


Case law: The law as laid down in cases that have been decided in the decisions of the courts.

Capital offense: A crime punishable by death.

Charge: The law that the police believe the defendant has broken.

Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.

Circumstantial evidence: All evidence except eyewitness testimony.

Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Continuance: Put off trial until another time.

Contract: An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

Conviction: A judgment of guilt against a criminal defendant.

Counsel: Legal advice; a term used to refer to lawyers in a case.

Counterclaim: A claim that a defendant makes against a plaintiff.

Court: Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.

Cross-examine: Questioning of a witness by the attorney for the other side.


Default judgment: A judgment rendered because of the defendant's failure to answer or appear.

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Defense table: The table where the defense lawyer sits with the defendant in the courtroom.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Docket: A log containing brief entries of court proceedings.

En banc: "In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Federal question: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Felony: A crime carrying a penalty of more than a year in prison.

file: To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Grand jury: A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed. As it is used in federal criminal cases, "the government" refers to the lawyers of the U.S. attorney's office who are prosecuting the case.

Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

In forma pauperis:In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

information: A formal accusation by a government attorney that the defendant committed a misdemeanor.

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.


Instructions: Judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.

Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.

Interview: A meeting with the police or prosecutor.

Issue: (1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.

Judge: Government official with authority to decide lawsuits brought before courts. Other judicial officers in the U.S. courts system are Supreme Court justices.

Judgment: The official decision of a court finally determining the respective rights and claims of the parties to a suit.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Juror: A person who is on the jury.

Jury: Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.

Jurisprudence: The study of law and the structure of the legal system.

Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.

Law clerk (or staff attorney): Assist judges with research and drafting of opinions.

Librarian: Meets the information needs of the judges and lawyers.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.

Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Oath: A promise to tell the truth.


Objection: A reason that an attorney interrupts a witness to talk to the judge.

Opinion: A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment.

Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Panel: (1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) In the jury selection process, the group of potential jurors.

Parties: Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers.

Petit jury (or trial jury): A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.

Plaintiff: The person who files the complaint in a civil lawsuit.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaintand the answer.

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Procedure: The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Probation officers (or pretrial services officers) : Screen applicants for pretrial release and monitor convicted offenders released under court supervision.

PRO SE: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.


PROSECUTE: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

PUBLIC DEFENDERS (OR DEFENSE ATTORNEY): Represent defendants who can't afford an attorney in criminal matters.

RECORD: A written account of all the acts and proceedings in a lawsuit.

REMAND: When an appellate court sends a case back to a lower court for further proceedings.

REPORTER: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

REVERSE: When an appellate court sets aside the decision of a lower court because of an error. A reversal is often followed by a remand.

SENTENCE: The punishment ordered by a court for a defendant convicted of a crime.

SERVICE OF PROCESS: The service of writs or summonses to the appropriate party.

SETTLEMENT: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

SEQUESTER: To separate. Sometimes juries are sequestered from outside influences during their deliberations.

SIDEBAR: A conference between the judge and lawyers held out of earshot of the jury and spectators.

STATEMENT: A description that a witness gives tot he police and that the police write down.

STATUTE: A law passed by a legislature.

STATUTE OF LIMITATIONS: A law that sets the time within which parties must take action to enforce their rights.

SUBPOENA: A command to a witness to appear and give testimony.

SUBPOENA DUCES TECUM: A command to a witness to produce documents.

SUMMARY JUDGMENT: A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

TEMPORARY RESTRAINING ORDER: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

TESTIFY: Answer questions in court.

TESTIMONY: Evidence presented orally by witnesses during trials or before grand juries.


TORT: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

TRANSCRIPT: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

TRIAL: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

UPHOLD: The decision of an appellate court not to reverse a lower court decision.

U.S ATTORNEY (OR FEDERAL PROSECUTOR): A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.

U.S MARSHALL (OR BALIFF): enforce the rules of behavior in courtrooms.

VENUE: The geographical location in which a case is tried.

VERDICT: The decision of a petit jury or a judge.

VICTIM ADVOCATE: work with prosecutors and assist the victims of a crime.

VOIR DIRE: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning, "to speak the truth."

Warrant: A written order directing the arrest of a party. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence.

WITNESS: A person called upon by either side in a lawsuit to give testimony before the court or jury.

WRIT: A formal written command, issued from the court, requiring the performance of a specific act.

WRIT OF CERTIORARY: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.


Courtroom expressions Commands

• As jurors you are not to be swayed by sympathy.• 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.• Rephrase the question.• See if you recognize it.• Speak into the microphone.• State your full name for the record.• The following prospective jurors are excused.• The witness will resume the stand.• Use your common sense.• Will the defendant please rise.• Will the prospective jurors please stand.• Will the people in the well of the courtroom please stand.• Would you describe … ?• Would you point (someone) out?• Would you look at … ?• Would you state for the record … ?• Would you label that as (car, building, etc.)?• You are excused.• You can resume your seat.• You can answer the question.• You have exhausted that subject, please move on.• You may answer the question.• You may be seated.• You may cross-examine, counsel.• You may inquire, Mr. X.• You may proceed.• You may step down.

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.?)• Did you go to trial or did you plead guilty?• Did you notice anything about (the envelope, etc.)?• Did you post bail for (x’s) release?• Did you advise (someone) of his rights?• Did there come a time when you (left the house, etc.)?• Have you filed a notice (of appearance)?• Have you had any involvement with (the criminal justice system, etc.)?• Have you had occasion to be involved with (an investigation, etc.)?• Have you ever been involved in (drugs, etc.)?• Have you formed an opinion as to (the cause of death, etc.)?• Have you reached a verdict?• Have you read the pre-sentence report?• Have you received a copy of the complaint?• Have you retained a lawyer or has one been appointed for you?• Have you reviewed the pre-sentence report with your client?• Is there anything that would prevent you from serving fairly and impartially?• Is that your testimony?• Is there any reason why sentence should not be imposed at this time?• Is time excluded, your Honor?• Is it fair to state (that you were living together, etc.)?• Isn’t it a fact that (you were his girlfriend, etc.)?• Isn’t that correct?• Isn’t that right?• Juror No. (x), is that your verdict?• What was your state of mind regarding the reliability of the informant?• Would that refresh your recollection?• Would it be fair to say (that you knew him/her, etc.) prior to that time?• Would you like the jury polled?• Would you like to be heard?• Would you like to say anything on your own behalf?• You and each of you, do solemnly swear (or affirm) that you will well and truly try this case

before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial)


Requests for information

• 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)?• How do you recognize that (exhibit, etc.)?• How can you tell (whether you’ve seen that exhibit before, etc.)?• What are your current duties?• What happened next?• What, if anything, did you do?• What, if anything, did you say?• What is People’s exhibit number (one, etc.) for identification?• What is the Government’s recommendation?• What is your current assignment?• What is your immigration status?• What were the lighting conditions (at that intersection, in the store, etc.)• What were the weather conditions that (day, night, etc.)?• Where was (the car, etc.) in relation to the (building entrance, driveway, etc.)?

Requests for permission

• 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?• Move to strike, there’s no question before the witness.• Your Honor, may the jury be instructed to disregard (the answer, etc.)


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.• I’ll rephrase the question.• I’ll show you what has been marked for identification as exhibit (one, etc.).• Do you recognize that?• I’m going to move to strike that answer as non-responsive.• I said, “Freeze!”• I take it that (you were together, etc.)• I’ll address any application to the district court.• I use the struck jury method of picking a jury.


Stages of a criminal case Rossie Penhos


Arrest

Is the action of depriving a person of his or her liberty usually in the relation of the previous investigation and prevention of the crime


Booking Booking refers to the process by which the police department registers and enters charges against a person believed to have violated the law. The process of booking typically includes; recording of the inmate’s personal information and description, photograph (also known as mug shot), fingerprinting, and a Department of Justice records check. Additionally, personal property and money is taken from the inmate.


Bail

Bail is money or property that an accused person puts as security, to make sure they'll show up for criminal procedures, including the trial and sentencing.

Bail can be paid:

• In cash• In the form of a bail bond• A pledge of property if the court permits this form of security.


Arraignment

An arraignment is the formal presentation of charges in open court


Plea bargain

At any time after charges have been determined, the defendant's lawyer can begin negotiating with prosecutors to determine if a plea bargain may be possible.


Trial

If a plea agreement is not reached, the proceedings move to the trial stage.

A trial must be held in a relatively speed, unless the defendant waives the "speedy trial right" by asking for additional time for the preparation of a defense.


Sentence

The jurors in a criminal case retire to deliberate in secrecy, for a minute, an hour, days or weeks. When the jury reaches a verdict, their finding is read to the defendant in open court.


Appeal

A defendant who is found guilty of some or all charges is entitled to an appeal to at least one level of appellate court.


Sentencing options

guilty

innocent


Discussion on structure of a criminal trial

1. OPENING STATEMENTS .

2. PROSECUTION CASE-IN-CHIEF.

3. MOTION TO DISMISS .

4. DEFENSE CASE-IN-CHIEF .

5. PROSECUTION REBUTTAL .

6. CLOSING ARGUMENTS .

7. JURY INSTRUCTIONS.

8. JURY DELIBERATIONS

9. POST-TRIAL MOTIONS .

10. SENTENCING.


Character analysis Juror#1



PLOT ANALYSIS

EXPOSITION

The story takes place at the Juror Room of a New York court of law, in 1957.

The main characters are 12 jurors, at first the protagonist is juror #8 and as the story goes by, the characters are dynamic so they change.

RISING ACTION

The rising action starts when jurors decide to start to vote and 11 jurors vote “guilty” and just juror #8 votes “not guilty”.

CLIMAX

Juror by juror thinks deeper about the situation with the facts and proves given during the discussion, so they changed their “guilty” vote to “not guilty” so juror #3 becomes rude to the jurors, specially to juror #8.

FALLING ACTION

The falling action takes place when juror #9 explains the rest of the jurors that the woman across the street couldn´t see the scene just because she was in her bed because she was not wearing her glasses. So juror #4 considers it is a good point so now, all jurors are voting not guilty but juror #3, contrary to the beginning of the story.


CONFLICT

Internal: 1. man vs. self he's very strong, rude and stubborn until he falls in sadic, he's grumpy and he doesn't like to listen an opinion different than his, he is used to impose his thoughts and the consequences doesn't matter to him. 2. Juror #3 has strong issues as all that reminds him about his son that hitted him and ran away. 3. Juror #2: he's shy and he doesn't have a defined personality, this caused him lots of doubts, so he doesn't have a self-opinion. -external: man vs. society: the boy is against the 12 jurors. man vs. nature: when it starts raining outside the room, the jurors felt oppressed by the weather and become more anxious about the case.

OUTCOME

The jurors talk about the importance of thinking without making prejudices, juror #3 admitted that his anger toward the boy was because the memory of his son, so he finally changed his vote to “not guilty”. Jurors leave the room.

THEME

Prejudice, involving personal conflicts into other conflicts

can really affect

someone’s life

RESOLUTIONwhen juror #3 while

he was crying, finally votes not guilty

TopicTwelve jurors having a

discussion about a case trying to decide guilty or not guilty


Differences and similarities


Documents

Unit 3: "Twelve angry man"