Roles of people in courtroom
Role of the Judge
A person who is in charge of a court of law and who makes final decisions in legal disagreements. Judges are impartial decision-makers in the pursuit of justice.
Guilty
You admit that you did or take responsibility for what you were accused of doing. If you plead guilty, you give up your right to a trial and the judge will decide what happens.
Dismissed
The judge decides that there is not enough evidence or other problem with the prosecution’s case and drops the charges that have been made. You are finished with the criminal process and are free to go.
Evidence
Data presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses, records, documents, or objects. The defense and prosecution are each allowed to present evidence in support of their cases. The judge decides on the evidence allowed in court.
Who, in the end, decides if you are competent to stand trial
Judge
Role of the District Attorney/Prosecutor
Lawyers who investigate, charge, and prosecute people whom they think have committed a crime.
Not Guilty
You are saying that you did not do or do not accept responsibility for what you are accused of doing. If you plead not guilty, there will be a trial to determine if you are guilty or not guilty.
Probation
Instead of going to jail or prison, the Judge orders that you do some things and that you don’t do other things. If put on probation, you must report to a probation officer on a regular basis, take urine or blood tests, and possibly pay fines and restitution. You CAN NOT do things like leave the area without permission of your probation officer. You CAN NOT commit any crimes, use alcohol or street drugs, or possess weapons. You may be ordered to go to a hospital or clinic for treatment while on probation. If you do not follow the probation orders of the Judge, you can be sent to jail or prison.
Physical Evidence
Tangible items usually found at the scene of a crime such as important documents, photographs, weapons, fingerprints, blood samples, hair samples, DNA etc.
Which amendment protects your right to remain silent
5th Amendment
Role of the Witness
A person who may know something about what you did or didn’t do. A witness will testify from the witness stand, answering questions asked by both lawyers.
Not Guilty by Reason of Insanity (NGRI)
Saying that you did the crime you are accused of. At the time of the crime, you did not know right from wrong because of your mental illness.
Fine vs Restitution
A fine is an amount of money you are paying to the court, restitution is an amount of money or returning property to the victim.
Eye- Witness
A person who actually sees some act, occurrence, or thing and can give a firsthand account of it.
Attorney-Client Privilege
A rule that preserves the confidentiality of communications between lawyers and clients. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
Role of the Defendant
A person who has been accused of a crime and a claim or charge is brought in a court
No Contest
Latin for “I do not wish to contend “meaning you are not saying you are guilty, but also not saying you are not guilty. You may plead no contest because you feel you cannot prove your innocence. If you please No contest, you give up the right to a trial and the judge decides what happens; you put yourself on the mercy of the court.
Acquittal
You have a trial and are found NOT GUILTY. You are finished with the criminal process and are free to go.
Character Witness
A person who attests to another’s moral conduct and good reputation in a court of law.
Pro Se
Defending yourself in trial. You don't have a lawyer
Role of the clerk
An officer of the court whose responsibilities include maintaining records of a court and to administer oaths to witnesses and jurors
Which pleas bring you to trial and which pleas waive your right to a trial
Not Guilty and NGRI bring you to trial. Guilty and NGRI waive your right to a trial
Deferred Sentencing
The Judge decides to give you a length of time to show that you can do well and not get into trouble instead of having to go to jail. If you do well during this length of time, you will not be prosecuted. During this time, you will probably be asked to report to a probation officer. If you accrue new charges or don’t follow the rules, you can serve original sentence in full.
Direct vs Circumstantial Evidence
Direct evidence is in the form of testimony from a witness who actually saw, heard, or touched the subject of questioning without relying on inference or other evidence. Circumstantial Evidence strongly suggests something but doesn't exactly prove it
What is the burden of proof and who holds it?
Prosecutor must prove that the defendant is guilty beyond reasonable doubt. They prove this by using evidence and witnesses against the defendant.