anatomy of a criminal trial west melbourne police department citizen’s academy court night judge...

Anatomy of a Criminal Trial

West Melbourne Police DepartmentCitizen’s Academy

Court Night

Judge David E. SilvermanJudge Rhonda Babb

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Judge T. Mitchell Barlow, Jr.

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How does the case get started?

Arrest Probable cause Warrant Capias

Notice to Appear Traffic Citation Summons Ordinance Violation

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What Court will the case be in?

Circuit Court Felonies

More than 1yr prison / 5yr - $5,000 fine Murder, Sexual Battery, Robbery, Burglary, Drugs HTO DWLSR, 3rd Petit Theft, Battery or DUI

County Court Misdemeanors

1yr or less jail / $1000 (not traffic infractions) DUI, Battery, Theft, Resisting Arrest

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What happens at first appearance?

Within 24 Hours Release by schedule bond or PTR Video or Live Judge’s Role:

Advise defendants Determine probable cause Appoint counsel Set reasonable bond

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How does the judge set bail?

Presumption for non-monetary release Exception for violent offenses

Criteria for bond Nature of offense Prior criminal history Legal constraint Community ties Health condition

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When will the trial be held?

Statute of limitations Constitutional speedy trial Speedy trial rule

Felonies – 180 days Misdemeanors – 90 days

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What is a motion to suppress?

Motions to suppress based on unlawful Detention Search or seizure Acquisition of statements

Motions in Limine Relevance Hearsay

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How are jurors selected?

Random selection Driver’s license and voter registration Jury districts

Legal disqualification Absolute disqualification – Non-citizens,

convicted felons Excuse if requested – Pregnant, over 70

Discretionary excusals – hardship or inconvenience

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What is voir dire?

Preliminary questioning by Court Ability to serve Scheduling problems

Questioning by counsel Information and indoctrination Experiences, feelings and opinions Separate questioning

Challenges Cause Peremptory

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How is a trial conducted?

Jury Selection Preliminary Instructions Opening Statements Witnesses and Exhibits

Examination Cross-Examination

Closing Arguments Instructions on Law Jury Deliberations

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What mistakes do witnesses make?

Common problems Intimidated witness Run-on witness Advocate witness

Opinions Adverse facts

Defensive witness Argumentative witness Accommodating witness

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What is improper argument?

Opening Statement Closing Argument

Questions and lawyer’s statements - not evidence

Argument – highlight facts and fair inferences

Character attacks, facts not in evidence Mischaracterizing the law Comments on silence – burden shifting

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How does the judge sentence?

Plea Bargain Felony

Sentencing guidelines Level of the offense, additional offenses, prior

criminal history, legal constraint, victim injury Downward departures

Capital cases Sentencing hearing - Advisory verdict Aggravating – mitigating circumstances

Overriding the verdict Misdemeanor

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What will the sentence be? Incarceration

Mandatory terms, enhanced maximums for habitual offender, firearm use, prison releasee, drug trafficking, capital

Fine and costs Probation

Rehabilitation -- classes and counseling, community service, drug testing

Community Control

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What about an appeal?

Motions Judgment of acquittal New trial Mitigation

Appeal Next level Capital appeals Supersedeas bond

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Thank you for attending our presentation.