Courtroom Personnel
Judge
1. Oversees the courtroom.
2. Decides the verdict in a bench trial.
3. Decides the sentencing (penalty or punishment).
4. Final say on competency, verdict, and sentencing.
Guilty
The defendant admits they did what they are being accused of. Does not go to trial. Results in sentencing.
If you have a question or believe someone is lying about you during a hearing you should....
What should you not do?
Whisper to your attorney, write a note or message to your attorney.
You should not speak unless spoken to.
Mario is accused of trespassing at Bowsers castle, considered private property. There is doorbell camera evidence of Mario lurking around the property between 9 and 11 PM. Several witnesses, including Yoshi, Princess Daisy, and Donkey Kong also stated they saw Mario on the property, uninvited. When police arrived, Mario fled the scene. What should he plea?
Guilty, because there are several witnesses and video evidence of Mario committing the crime. Additionally, trespassing is only a 90 day or $500 fine.
Trespassing Private Property
90 Days and/or $500
Jury
1. Group of 12 people
2. From the community in which you were charged with a crime.
3. Hear the evidence and decide the verdict (guilty or not guilty)
Not Guilty
The defendant denies that they did what they are accused of. Results in a trial.
What is attorney client privilege?
A law in which your attorney can only disclose to the court what you want them to share. What you share with your attorney is confidential.
Goldilocks is charged with 4th degree burglary after allegedly breaking into the 3 bears home. The three bears believe Goldilocks broke into their home because some of their food was missing, some furniture is broken, and some of their belongings were scattered about. Neighbors denied seeing anyone enter the Bear's home. The bears do not have any video surveillance around their home. The bears believe it must have been Goldilocks because she had been convicted of the same crime in the same neighborhood.
Not guilty because there is currently no evidence that Goldilocks was in their home.
Evidence would need to include witnesses, video evidence, or DNA like her hair or fingerprints in the home.
Theft, less than $100
90 Days and/or $500
Defense Attorney
1. Aka public defender
2. Your attorney
3. Get you the best outcome for your case
4. By presenting evidence that the states version is not correct.
Not Criminally Responsible (NCR)
The person admits that they did what they are accused of, but cannot be held criminally responsible because their actions were influenced by their mental health condition. Results in returning to the hospital for treatment. Requires a conditional release to leave the hospital.
What is the difference between a bench trial and jury trial?
Bench trial is just the judge hearing the evidence and deciding the verdict.
Jury trial is when a jury decides the verdict.
The judge decides the sentencing in both trial types.
Kanye is charged with making false statements to officer/emergency. Police were dispatched to Kanye's home after he had repeatedly called to report that Jay-Z, Beyonce, and a group of other "West Coast" rappers were attempting to break into his home to "stop him from telling the truth about them." Police were initially skeptical, because they know Beyonce is famously on tour with her family and could not be at Kanye's home. When police arrived, they found no evidence of breaking and entering, and after reviewing surveillance videos of Kanye's home, found that no one was seen entering or fleeing the property. Kanye's daughter, North, noted to police that he had been acting strange all week and may be off his medications. Kanye has a documented history of Bipolar Disorder. The penalty for his charge is only 6 months in jail and/or $500 fine. What should he plea?
Guilty: Evidence that the statements he made were false.
Could plea NCR, but the conditional release would last much longer than his max penalty, so it may not be worth it.
Malicious Destruction of Property
60 Days and/or $500
State's Attorney
1. AKA Prosecutor
2. Attorney against you.
3. Prove you are guilty of the crime you are accused of.
4. Presenting evidence that the state's version of events is what really happened.
Plea Bargain
The State's Attorney offers the defendant a lesser sentence or penalty in exchange for a guilty plea. The State's Attorney, Defendant, and Judge must all agree.
Testimony
The witnesses statement.
Diddy is charged with 2nd Degree Assault after hotel surveillance video was released that showed Diddy violently throwing his then gf Cassie to the ground, kicking her and pulling her hair. Cassie reported that Diddy was under the influence of several drugs at the time, she was unsure what. Diddy's attorney's suspect he may have a history of Bipolar Disorder, though it has never been formally diagnosed. His charges carry a max penalty of 10 years and/or $2,500. What should he plea?
Guilty: B/c there is video evidence of the assault.
He could try NCR, but would likely be unsuccessful b/c he was reportedly under the influence and does not have a documented history of a mental health condition.
Could do not guilty, but the video is compelling evidence against him.
Burglary 4th Degree
3 Years
Witness
3 Types?
Share or testify what the know, heard, or saw about the case.
1. Eye Witness
2. Character Witness
3. Expert Witness
Stet Docket
Similar to probation before judgement. The case is put on hold and the defendant is asked to abide by conditions like probation and if after some time, the defendant has followed all the conditions, the case can be dropped. If the defendant did not abide by the conditions, they can be charged.
Plea is your response to the charges.
The verdict is the judge or jury's final say about the case.
What would Diddy need in order to have a strong case of NCR?
What would he need to have (or not have) for a strong case for Not Guilty?
NCR: Documented history of mental health condition that worsened leading up to the event. Character witnesses to say he is not normally that way. Not have been using at the time, or proof that he's used in the past and not been violent.
NG: Video evidence would have to not exist.
Assault 2nd Degree
10 Years and/or $2,500