Module 3
When you speak with your attorney, everything that you communicate is held confidential, with some exceptions.
bonus: What are the exceptions?
Attorney-Client Privilege
bonus: Intentions to destroy evidence, intention to commit future crimes or harm to others, intention to commit perjury or fraud.
Francine stood up in court and shouted at a witness, "You are a liar!! You should be ashamed of yourself!" Francine was escorted away in handcuffs. What has she been charged with?
Francine has been held/charged with contempt of court
This 1996 legal thriller starring Richard Gear and Edward Norton covers themes and calls in questions related to competency and mental health.
Primal Fear
Prosecutor! (quote from Sonia Sotomayor)
I interview people who have been charged with a crime, taking into account their psychological presentation and pending to charges to offer a professional opinion on whether they are competent to stand trial
Forensic Examiner (Psy. D.)
A person who makes a word for word recording of everything said in court.
Court Reporter
Pro Se...
This means advocating for oneself in court rather than getting a public defender. When the question of competency is raised, a public defender is automatically assigned and pro se options can be revisited once the defendant is restored.
This 1987 novel explores the intersection between liability and morality in a controversial court case, as well as public perception of the defendant and the career aspirations of the district attorney.
Bonfire of the Vanities by Tom Wolfe
"With God as my witness, I am not guilty!"
A quote from a distressed defendant
I am an expert on blood spatter, ballistic reports, and DNA analysis. I am semi-retired, but I help out with court cases sometimes!
Expert Witness
The District Attorney's responsibilities include...
Creating/building cases, investigate, charge, and prosecute their cases/individuals whom they believe have committed a crime.
Geraldo sits down with his public defender. The PD asks Geraldo various clarifying questions regarding the circumstances of the night he was alleged to have committed a crime. Geraldo answers them all honestly, even when he has to say he doesn't quite remember or when the question makes him feel angry. Geraldo then asks some clarifying questions to his PD in order to feel prepared before his upcoming court date. What has Geraldo demonstrated?
Ability to assist counsel.
This recent court case scandalized the country and led to a resurgence of mainstream discourse surrounding liability, post-partum mental health, and the DA's responsibility to carry the burden of proof to sentencing.
Lindsey Clancy
"I have a professional and moral duty to represent the underrepresented in our society, to ensure that justice exists for all, both legal and economic justice."
The words of a righteous public defender. (real quote, again, from Sonia Sotomayor)
I oversee the court room. When the time comes and I have heard all that is to be said, I make a sentencing decision.
Judge
An officer of the court who's responsibilities include maintaining records, directing the public to proper courthouse locations to pick up paperwork following a hearing, as well as administering oaths.
Clerk
What are important things to be open about with an attorney.
Criminal history, mental health history, learning/developmental disabilities, and details associated with allegations / what the defendant can recall about the time of the crime's occurance.
This highly publicized celebrity legal dispute covered questions of liability, hearsay, defamation, damages (restitution), etc. A court case that divided the country and brought along broader discussions of domestic abuse perpetration and cycles of violence.
"You must serve 14 days, and if you take my advice, when you are released you will never touch alcohol again, not even a tiny sherry..."
A judge sentencing someone for public intoxication
I maintain peace in the court and intervene in the event of any uproar. I also typically bring inmates in and out of hearings and arraignments
Bailiff
What is the difference between a hearing and a trial?
A hearing is a general court gathering to discuss matters such as plea agreement options, rights of the defendant, and other pre-trial legal proceedings, a trial is a full-fledged gathering of the public to discuss the matters of the case, for defense and prosecution to offer their case conceptualizations, and for a non-biased decision on innocence/guilt to be reached.
Plato is extremely frustrated with his public defender. He feels that the defense strategy that has been constructed is weak and will crumble under the slightest scrutiny. He has been spending time in the law library and sending information to his PD, who responds and states various reasons why these alternate defense strategies will not be viable. Two days before court, Plato requests a new lawyer. this is not possible, but still, Plato's PD drops his case citing irreconcilable differences and Plato's court date is pushed out until he receives new PD. What could Plato have done differently?
Speaking up in a timely/productive manner when feeling perturbed by the quality of representation.
This lawyer has also had an immensely successful career writing dramatized legal thrillers, some of which have been adapted into popular films starring actors such as Tom Cruise
John Grisham
They don't just type up proceedings... the type the truth and nothing but the truth.
I am an accountant, but I have had to take paid leave from work to sit in a court room for 8 hours a day this entire week!
Member of the jury