Trials, Basic Trial Procedure & Common Crimes

By almost any measure, the United States is the most litigious country in the world. If you ever find yourself in the position of being involved in a trial, you should make sure you know what will be involved. Therefore, Legal Language Services has provided you with information to give you a general overview on the United States court and trial systems. Legal Language Services can translate any documents or transcribe any tape or digital media you may need for evidence in your trial. LLS can also certify our translations and transcriptions so they will be acceptable for submission in any trial in the United States or abroad. With the complicated legal system the United States has, you should always make sure to have an attorney to help navigate the loopholes and legalese you will no doubt encounter. If you need to find an attorney for an upcoming trial or legal question, you can search Legal Language Services extensive attorney database for FREE to locate one in your area.

Types of Trials
There are many kinds of trials that take place in United States courtrooms every day. All trial types, however, can be categorized into 4 different case types: civil, criminal, juvenile and traffic.

Civil Case A trial that consists of a disagreement between two or more people or businesses. Examples: disputes between a landlord and tenant, divorce actions, small claims cases and a case where one person is suing another for damages. Criminal Case A trial involving a person who has been accused of committing either a misdemeanor or a felony offense. Juvenile Case A trial that usually involves a minor who is under the age of seventeen. Juvenile cases are heard by the family division of the circuit court. There are three types of juvenile cases: juvenile delinquency, child protective hearings and traffic cases. Traffic Case This is the most common type of trial, related to a traffic violation. A traffic violation can be considered either a civil infraction or a misdemeanor.

Basic Trial Procedure

1. Selection of a Jury Jurors are selected for a trial from a pool of available jurors. The judge and attorneys question prospective jurors to find out if a juror has a personal interest in the trial, or a prejudice or bias that may influence them during the course of the trial. The attorneys may challenge undesirable jurors and ask that they be excused from the trial. 2. Opening Statements Each side begins the trial by outlining the proof that they will present to the jury during the course of the trial. Opening statements are not to be considered evidence, only the expectations of what each side hopes to prove throughout the trial. 3. Presentation of Evidence and Testimony of Witnesses The plaintiff or prosecution begins the trial by presenting their case first. When a witness is called to testify in a trial, the side that called the witness first asks questions in direct examination. The opposing side then has their opportunity to ask questions in a crossexamination of the witness. Any physical evidence: documents, weapons or photographs, for example, are admitted numbered for identification to be presented in the trial. During the trial, if an attorney finds objection to a question that is being asked to a witness, they present their objection to the judge. Questions that are objected to are of legal technicality, and may be argued out of the trial. The judge will then let the jury know of any pertinent information needed to make their decision, or instruct them to disregard anything that is not relevant to the trial. The judges ruling to either sustain or overrule an objection is decided by applying the law that either permits or does not permit the question to be asked or answered during a trial. When each side has presented all their evidence pertaining to the trial, they rest their case.

4. Closing Arguments The attorneys summarize the evidence that was presented throughout the trial and try to persuade the jury to find in favor of the client they are representing. Since plaintiff has the burden of proof, their side has the first opportunity to open and close the trial. 5. Presentation of Jury Instructions (Charging the Jury) The judge reads the instructions of law to the jury, defines all issues the jurors must decide on and informs them of the law that governs their specific trial. Jurors are not allowed to decide the outcome of trials based on how they would like the laws to be, but rather on as the laws are. This is the sworn duty of the jury, taken before every trial. 6. Deliberation The jury retires to a deliberation room to consider the trial and reach a verdict. First, the jury elects a foreperson who ensures discussions regarding the trial are conducted in a sensible and orderly fashion, all issues presented during the trial are fully and fairly discussed, and that every juror is given a fair chance to participate. If the jurors have a question about any part of the trial during their deliberation, they may write it down and have the bailiff deliver it to the judge. Most states require that a 12-person jury find the trial in favor unanimously for either the plaintiff or defendant. Some states, however, allow for a trials decision to be based on a majority as low as 7. If the jury fails to reach a unanimous (or, if applicable, a sufficient majority) verdict and finds itself at a standstill (what is known as a hung jury), then the judge can declare a mistrial. If a mistrial should is declared, the trial may be simply dismissed, or the trial may have to start over again from the jury selection stage. When a verdict for the trial has been reached, the jurors that agree with the verdict sign the form and notify the bailiff. The clerk then reads the verdict aloud, and the judge dismisses the jurors from the trial.

Basic Criminal Procedure From Arrest Through Trial

Provided by Allen N. Cowling

The Arraignment
Following an arrest, you will most probably appear at an arraignment. This is simply a formal hearing at which you will be informed of the specific charges against you, advised of your rights and where a request is made in your behalf that you be released on your own recognizance or that the court set your bail as low as possible. If you can't afford an attorney, the court will assign one to you. On occasion, when an accused is represented, their attorney may waive a formal arraignment so that the charges filed

against you are not read aloud in open court and made public. The judge at the arraignment determines your bail. You may be released on your own recognizance, have bail set, or be remanded to jail without bail. Remand is possible if you're charged with a serious felony and possibly have another pending felony. It may help to have friends and family at the arraignment. Bail may be lower if your lawyer can show the judge you have strong community ties, as evidenced by the people who come to court for you. Bail can be posted by a bail-bond, cash or property. If you elect to use the services of bail-bondsman, they will usually require a "fee" amounting to 15% of the total bond amount. If bond is set by the court at $25,000.00, the bonding company would charge approximately $3,750.00 as their "fee," plus they would require some type collateral for the balance to assure they would not suffer any loss in the event the accused failed to appear. None of the money paid to a bonding company is ever recoverable. If, however, property is put up as bail, assuming the accused does not "flee," the property is returned and nothing is lost. If you are unable to "make bail," you remain in jail until your preliminary hearing, or in some cases, your trial. If you are out on bail and decide to run, the person who "posted" you bail forfeits their cash or property. In addition, bail jumping is a separate crime in itself. It is almost impossible to defend that charge and it may give the prosecutor extra leverage in dealing with your current case. If you do not appear for trial, in addition to having a bench warrant issued and forfeiting your bail, your case may be tried without you. Most judges warn defendants of that possibility by what is termed a "Parker warning." If you have been warned, and don't appear, you can be tried, convicted and sentenced in your absence. The likelihood of conviction increases if you're not present at your trial. Sooner or later, chances are that you will be found and arrested. You will be sent to prison immediately to serve your sentence and also, by your actions, may have waived any right you would have had to an appeal. It is not uncommon at all at the arraignment for your attorney and the prosecutor to discuss your case with the judge. Often times, valuable information is obtained from the prosecutor at this "bench conference." There may be some discussion about a pleabargain and in some cases, charges are actually disposed of or felony charges are reduced to misdemeanors. Your attorney will discuss any offer from the prosecutor with you. If the charges are serious felonies, most probably they will not be disposed of at the arraignment. The prosecutor may give notice that they intend to present your case to a Grand Jury. Your lawyer may give reciprocal notice that you wish to testify in the Grand Jury on your own behalf. Normally, there will be no witnesses testifying against you at the arraignment.

The Preliminary Hearing

A preliminary hearing can benefit the defense greatly. The state puts on evidence to show the court why the matter should be set for trial and the defense attorney has the ability to cross-examine witnesses. Some prosecutors would rather avoid a preliminary hearing because they do not want to expose their witnesses at that early stage and elect to go to the Grand Jury instead. Grand Jury proceedings are secret and defense lawyers can only be present if and when their own client testifies. In a false allegation case, where a child is the accuser, the prosecutor may put on a detective as his witness and he may put on the child. If he does have the child testify, this is a rare opportunity for the defense attorney to question the child, pushing for specific details as to the allegations, without being in front of a jury who may take his actions as "child bashing."

The Grand Jury

A Grand Jury consists of a number of local citizens, usually 16 to 23, who hear evidence presented by the prosecutor and decide if that evidence is strong enough to support an indictment. Never forget that the Grand Jury is an "arm" of the prosecutor's office. A prosecutor normally has no problem in getting an indictment because the Grand Jury usually only hears one side; the side of the prosecution. There is no judge

to rule on the admissibility of evidence or defense lawyer to cross-examine the witnesses, and they usually hear nothing from the defense. If you have been arrested, your attorney will be notified if the prosecutor intends to present your case to a Grand Jury. If your attorney does decide that it is in your best interest for you to testify and/or present witnesses, they must notify the prosecutor before the Grand Jury presentation is completed. You, personally, have a right to testify before the Grand Jury, but your lawyer must get permission to present other witnesses. If you do testify, your lawyer can be there with you, but they cannot ask questions or make objections and they cannot be present when any witnesses you may have testify. If things go well for you, the Grand Jury will not return an indictment and your case will be over, saving you a lot of hassle and money. This is another reason to get a lawyer working on your case as soon as possible.

The Indictment
An indictment is a formal accusation that identifies the specific charges against you. The difference between an indictment and a complaint is that an indictment is based on sworn testimony and a "complaint" is an "affidavit" signed against you by your accuser. If vindicated, you cannot "sue" the Grand Jury because they indicted, however, you could file a malicious prosecution action against someone who did sign an affidavit against you. Occasionally cases are presented to a Grand Jury before anyone is arrested. If the Grand Jury indicts, this is called a "silent indictment." In "silent indictment" cases, you won't be notified that your case is being presented to a Grand Jury and you may not have the chance to testify or present defense witnesses. If you are indicted this manner, an arrest warrant is usually issued and you are jailed until your arraignment.

Plea-Bargaining
Plea-bargaining is nothing more than negotiating the disposition of a case and sometimes, it is appropriate. Whether you take a plea or go to trial is an important decision that you should make and not your attorney. It is your life. Once your attorney knows enough about the evidence against you, they can evaluate the chances of your winning at your trial. They will balance your odds of winning, against the amount of time you could get if you lose trial, and the sentence being offered in the plea-bargain. Once you do agree to plead guilty, you cannot change your mind later and "get back your plea," so make sure that it is honestly in your best interest. The decision is difficult, especially if you're innocent and the evidence against you looks strong. There are provisions in the law for a person to plead guilty without admitting guilt. One is referred to as an ALFORD plea. It's hard to admit guilt if you're innocent, but some defendants do it because their chances of winning are so slim they'd rather take the sure thing, usually amounting to probation or low jail time, than risk a long jail sentence. If you do go to trial and lose, you will normally get more time than what was offered in the plea-bargain. No matter how experienced or skillful your attorney is, there are absolutely no guarantees of winning a trial, so some defendants take pleas to avoid the uncertainty of trial. Defendants who are in jail awaiting trial are more likely to take pleas than defendants who are out of jail.

Pretrial Procedures
There are only a number of things that can happen to a criminal case. It can be dismissed by the prosecutor or a judge, you can plead guilty, or the case can go to trial. Under special circumstances your attorney may get your case dismissed in the interest of justice pursuant to a Clayton Motion. If you're convicted following a trial or if you plead guilty, in addition to facing possible jail time, you may be subject to fines, forfeitures and civil suits. If you're not a citizen, you may also be subject to deportation. If you're convicted of a felony, you may also lose some of your civil rights. In those cases, it is possible that your attorney may be

able to get a Certificate of Relief from Civil Disabilities that may relieve the effect of a felony conviction. Criminal cases can take a long time to conclude. They depend on the seriousness of the charges and whether you're going to accept a plea or go to trial. There are "speedy trial rules" governing the amount of time the prosecutor has to be ready for trial, but it is not uncommon for these cases to take 6 to 12 months, or longer, to go to trial. Delays can result from any number of reasons; crowded court calendars; busy prosecutors and defense lawyers or delays in getting documents from the prosecutor or police, that your attorney needs in order to prepare for trial. Each case requires different preparation. There are certain procedures that must be followed. Your lawyer can explain this more fully as it relates to your case. The wait is frustrating, but there's little that can be done to speed things up. One of the biggest delays in the system is due to trial preparation. It's far better to have the delay than go to trial without adequate preparation, even if you're in jail. Your attorney will most probably prepare a Motion for Discovery, requiring that the state turn over to the defense all information and documents that the defense would be entitled to regarding your case. The attorney may also consider filing a Motion to Suppress certain evidence on the grounds that it was obtained in violation of your rights. In addition, there are also certain "dismissal" motions that may be considered, where appropriate. There will usually be hearings on the suppression motions. If your case is set for trial, there will usually be a pretrial conference scheduled between the prosecutor, the judge and your attorney to discuss your case to see if it can be disposed of without a trial. There will probably be a plea offer by the prosecutor. If the plea is refused, the case proceeds. Trial is usually an uphill battle for the defense. The prosecutor normally has better resources, like the police to investigate and get witnesses to cooperate and experts "geared to" strengthening the prosecutor's case. Even if your lawyer has spoken to your witnesses, sometimes it's difficult to get them to cooperate, especially since most people just do not want to get involved. The prosecutor also has public opinion on their side. Even though the law says that you're presumed to be innocent, and that the burden of proving your guilt is on the state, jurors do not always understand or follow the law. Unfortunately, nowadays, many prospective jurors have been exposed to crime, either personally or through the media, and tend to presume you're guilty and expect the defense to prove your innocence, especially if you're minority or poor. This is especially true in an allegation of child sexual abuse. There are several types of hearings, called pretrial hearings, or suppression hearings, that may occur before a trial jury is selected. Not every case has pretrial hearings. It depends on the evidence against you. These hearings are named after landmark cases. After the hearing, the judge decides whether or not to let the prosecutor use certain evidence against you at trial. If the evidence in question is the only evidence against you, your case may be dismissed if you win the hearing. A HUNTLEY hearing is to suppress statements allegedly made by you to a law enforcement officer, prosecutor or their agents, on the grounds that you were not advised of your constitutional right to remain silent or were forced to make the statement, either by threats or coercion. It is highly unlikely that the police will admit that they failed to read you your rights, or that they threatened you at a HUNTLEY hearing. They will probably testify that they read you your "Miranda" rights, and deny that they used any force or coercion. The judge usually believes the police when their version of what happened differs from the defendant's. A DUNAWAY hearing is used to suppress statements on the grounds that the police did not have probable cause to arrest you. A WADE hearing is to suppress identification on the grounds that the pretrial identification procedure was suggestive and the witnesses would not have been able to identify you under ordinary circumstances. A MAPP hearing is to suppress physical evidence seized from you on the grounds that the police had no legal right to stop or search you, your car or your home, or that the evidence they found was obtained by violating your constitutional rights. A SANDOVAL hearing is to prevent the prosecutor from using your criminal record to impeach your credibility on cross-examination, if you testify at trial. When a witness testifies at trial, opposing counsel has the right to use the witness' criminal record on

cross-examination to impeach their testimony. If the witness is the defendant, the court must balance their constitutional right to testify against the prosecutor's right to use this cross-examination technique. The problem here is that some jurors may believe that if you've committed crimes in the past, you probably committed this one too, and that is certainly not one of the factors a jury is supposed to consider as evidence. After pretrial hearings are completed, your trial begins at which time a judge or jury listens to evidence and decides if you are guilty or not. You are entitled to a jury trial in all felony cases, and in many misdemeanor cases. Even if you're entitled to a jury trial, you may waive that right and be tried by a judge. This decision depends on the specifics of your case and which judge is in the trial part.

The Trial
If you are having a jury trial, the first part would be to select the jury. This is called voir dire. Prospective jurors are brought to the courtroom from the central jury panel. The judge explains some general principles of law to them. From that panel, 12 or more at a time, are called into the jury box to be questioned by the judge, the prosecutor and the defense attorney. The purpose of the voir dire is to give each side a chance to determine whether or not prospective jurors can be fair. The defense attorney can also use this process as a means of educating prospective jurors about your case. After each round, the attorneys "challenge" the jurors they do not want. It's more of a process of elimination than one of selection. Each side has a specific number of peremptory challenges depending on the criminal charges. These are challenges that do not require the attorney to give a reason for asking that a potential jury member be dismissed. If either side can show that a potential juror cannot be fair, that juror can be challenged for cause. Challenges for cause are unlimited. The final jury selected usually consists of 12 jurors and two alternates. If, for any reason, a juror cannot continue to serve, an alternate substitutes. After the jury is selected, the judge usually explains their duties and warns them not to discuss the case with anyone until it's over. When the jury is seated, the prosecutor makes their opening statement in which they tell the jury what they intend to prove during the trial. When the prosecutor is finished, the defense attorney, usually, makes their opening statement. I say usually, because no opening statement from the defense is required. The defense is not obligated to prove anything during the trial. Whether or not your attorney does make an opening statement is a matter of strategy. Following opening statements, the prosecutor presents evidence, consisting of testimony from witnesses and exhibits. When the prosecutor questions their witness, it is referred to as "direct examination." When the defense attorney questions that same witness, it is referred to as "cross-examination." You can also have "re-direct" and "recross." When the prosecutor finishes presenting their case, your attorney can present a defense but, again, it is not required. In some cases, a defense attorney puts on no defense because they successfully "discredited" the state's case. In cases where a defense is presented, a major decision is whether you will testify at trial. Even though the jury is told not to hold it against you if you don't testify, they often do hold it against you. The decision is especially harder if the prosecutor will be allowed to cross-examine you based on a prior criminal record. In any false allegation case, a great deal of the matter will come down to your word against the word of the accuser. In most cases, a jury "demands" that you testify so they have the ability to make up their minds of whether you are or are not a child molester. To acquit, a jury usually must hear the accused testify that they are innocent and the jury must believe them. When the defense concludes it's presentation, the prosecutor may present evidence to rebut something the defense has raised in it's case. If this happens, the defense may present evidence to rebut that. When both sides finish presenting their evidence, they rest. Following all testimony, the prosecutor and defense attorney give closing arguments, also referred to as summations. Normally, the prosecutor gives their summation, the defense attorney gives their's and then the prosecutor gives a final and brief summation.

When all closing arguments are complete, the judge explains the law to the jury and sends them out to deliberate until they reach a verdict. The jury cannot discuss the case with anyone who is not on the jury and any verdict must be unanimous. If, by some chance, the jury cannot reach a unanimous verdict no matter how long they deliberate, the judge may declare a mistrial based on a "hung jury." If that happens, you can be tried again. If you're acquitted, you cannot be charged or tried again for the same case. Following a guilty verdict, your attorney may entertain filing motions to set the verdict aside or ask the court for a new trial. Also, following a guilty verdict, normally there is a pre-sentencing investigation conducted and following that, the accused is sentenced. If you're convicted after trial, your lawyer must file a "Notice of Appeal" for you within 30 days of the sentence date to insure your right to appeal. If you're indigent, (without funds), a lawyer will be assigned to do your appeal. Appeals take a long time to be heard. Part of the delay, especially if you're indigent, is the length of time it takes the appeals lawyer to get the trial transcript. Assigned lawyers usually handle a lot of cases, so it usually takes longer for them to get to your case. It sometimes takes years for an appeal to be heard. If you can afford to pay an attorney and can afford to pay for the trial transcript, you can speed up the process. On some occasions, bail is allowed pending your appeal, but most defendants wait in jail until their appeals are heard. If the higher court denies the appeal, there are other areas of "post-conviction" relief the accused may consider, such a Petition for Writ of Habeas Corpus

MOCK TRIAL PROCEDURES

Before participating in a mock trial, it is important to be familiar with the events that take place during the trial and the order in which they occur. There are two basic types of trials: Jury Trial and Bench Trial. A judge hears a bench trial. There will be no jury trials in the Hawaii Mock Trial Tournament. Observe the following rules in the courtroom AT ALL TIMES: Rise when addressing the judge; Direct all remarks to the judge or witness, NEVER to opposing counsel. Ask permission from the judge before approaching the witness or bench. 1. OPENING OF THE COURT A. The bailiff calls the court to order. The bailiff announces to the parties, attorneys, and the audience: "All rise. The _________________Court of Hawaii is now in session, the Honorable Judge _____________ presiding." Everyone remains standing until the judge enters AND is seated. The bailiff then says, "Please be seated." B. The judge asks the clerk to call the day's calendar (also called the "docket"), at which time the clerk says, "Your Honor, today's case is _______________________." The Judge may ask team members to introduce themselves.

2. SWEARING IN THE WITNESS The clerk will stand and raise his/her right hand. The clerk says: "Please raise your right hand. Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trail tournament? Witness should answer, "I do." Clerk responds by saying: "Please be seated. State your name for the court and spell your last name." 3. OPENING STATEMENTS A. Plaintiff (or prosecution) begins with the opening statements. Attorneys should introduce the case in the future tense. (i.e., "...the evidence WILL show...the witness WILL testify..."

B. The defense attorneys follow with their opening statements. The defense attorneys can give their opening statements after the plaintiff or after the plaintiff presents their evidence. For purposes of this tournament, the defense attorneys WILL give their opening statements folowing the plaintiff. 4. DIRECT EXAMINATION The plaintiff's attorney conducts the direct examination or questioning of all of its own witnessees. At this time, testimony and other evidence is presented. The purpose of direct examination is to allow witnesses to develop the facts in support of the case. 5. CROSS-EXAMINATION After the attorney for the plaintiff has completed questioning of the witness, the defendant's attorney cross-examines the witness. The cross-examiner seeks to clarify or cast doubt upon the testimony of opposing witnesses. Inconsistency in stories, bias, and other damaging facts may be pointed out to the judge through leading questions. After plaintiff calls its final witness, the plaintiff should inform the court that the plaintiff has no further witness and rests its case. The defense will begin its case by calling its first witness. 8. CLOSING ARGUMENTS A closing argument is a review and analysis of the evidence presented. A. Attorney for the plaintiff reviews and analyzes the evidence as presented, indicates how the evidence has satisfied the elements of the charge or claim, points out the law applicable to the case, and argues for a judgment for the plaintiff. Plaintiff's attorney may reserve time left over for rebuttal. Rebuttal is limited to the scope of the defense's closing argument. B. The closing argument for the defense is essentially the same as for the plaintiff. It should indicate how the evidence does not satisfy the elements of the charge or claim, stresses the facts favorable to the defendant and asks for a judgment for the defense. C. Rebuttal (optional) by plaintiff's attorney

When attending a criminal or civil trial, who or what can you expect to see? The Participants Judge: acts as a legal referee to ensure that proper trial procedure is followed and issues rulings on points of law. In a bench trial, the judge gives the verdict in place of a jury. Jury: present if demanded in a civil case and present in a criminal case unless waived by the defendant. Once a juror appears for jury duty, the juror is assigned a panel number. Panels are divided randomly into groups of 6 or 18. The juror then takes part in an orientation program explaining the trial process which includes watching an orientation videotape. When a trial is ready to begin, the judge sends the deputy sheriff to the jury room to request potential jurors. The judge generally requests a group of 6, 12, 18 or 36 jurors. Jurors, chosen by panel number, are sent to the courtroom to be questioned by the judge and the attorneys to determine the juror's ability to keep an open mind and be fair. Eventually a jury panel of 12 is selected. In some instances, two alternate jurors are also chosen. They are present throughout the trial but do not deliberate unless taking the place of an absent jury member. Any jurors not selected to sit on the courtroom panel return to the jury room and may be sent to a new courtroom to be questioned for another trial. The Circuit Court operates on a one day or one trial system. This means that if a juror is not selected to serve on a jury by the end of the day, the juror is not required to return the next day. Jury service is considered fulfilled and the juror will not be called for at least another year. However, jurors chosen to sit on a panel in a particular courtroom for a particular trial are required to serve for the duration of that trial. While the trial judge determines the evidence and instructs the jury as to the law, the jurors are responsible for deciding the facts, following the law and rendering a final decision. Plaintiff: in a civil case, the person who files the complaint. Defendant: person against whom a civil or criminal complaint is filed. Prosecutor: in a criminal case, the Cook County State's Attorney's Office acts as the legal representative of the people of the State of Illinois in prosecuting the accused defendant. Certain cases may be prosecuted by municipal prosecutors. Witness: gives testimony during the trial relating to the case. Court Reporter: records every word spoken during the trial on a stenograph machine or a recording

device. Deputy Sheriff: keeps order in the court, guards defendants in criminal cases and maintains custody of the jury. Clerk: swears in witnesses and maintains court orders and exhibits in a trial. Trial Proceedings Most trials have five stages: Stage 1 Jury Selection The judge and attorneys question the jurors sent to the courtroom until a panel of twelve is agreed upon by all sides. The questioning is designed to excuse jurors who might have difficulty in rendering a fair and impartial verdict in that particular case. Stage 2 Opening Statements These are brief statements made by the attorneys to the jury in which the attorneys outline the facts as they see them and what they hope to prove. The attorneys are not considered witnesses and their statements are not evidence. The plaintiff's attorney in a civil case or the prosecutor in a criminal case gives the first statement and the defense attorney follows. Stage 3 Presentation of Evidence Witnesses for the plaintiff in a civil case or for the prosecution in a criminal case testify first, witnesses for the defense testify next and any rebuttal witnesses testify last. Each witness is sworn to tell the truth. The attorney who calls the witness asks questions in direct examination. The attorney for the opposing side then questions the witness in cross-examination. The purpose of this questioning is to elicit evidence. Exhibits and physical objects such as photographs and x-rays are also presented at this time as evidence. Stage 4 Closing Arguments This is the final opportunity for the attorneys to address the jury. The plaintiff's attorney in a civil case or the prosecutor in a criminal case proceeds first. The attorney analyzes the evidence and attempts to convince the jury to decide in favor of his or her side of the case. The defense attorney follows with his or her argument, attempting to do the same. Finally, the plaintiff's attorney or prosecutor has the opportunity to present a rebuttal to the defense attorney's argument. Stage 5 Jury Deliberations The judge instructs the jury on the law they must apply in the particular case. Jurors then retire from the courtroom to deliberate in secret. When the jurors reach a verdict, the jury foreman who is elected by fellow jurors informs the deputy sheriff that a decision has been reached. The jury returns to the courtroom and the verdict is read aloud to the parties

STUDENT COURT SCRIPT

Today is and this hearing of case number is called to order. My name is (chairman name) and I am charged with the responsibility of maintaining order during these proceedings and to rule on the admissibility of evidence. I would like the other panel members to introduce themselves, starting on my right (other panelists introduce themselves). The court advisor is____________. (court advisor name) Before we proceed, are there any panel members who have previous knowledge of this incident or the parties involved, which may contribute to an unfair hearing? (panel members respond) Would the University Advocate introduce himself/herself and the witnesses? Would the Student Defense introduce himself/herself, the accused student(s), and witnesses? Before we begin, I would like to remind all parties involved that the contents of this hearing are confidential. It is a violation of the Code of Student Responsibility and federal law to disclose the contents of this hearing to anyone. Finally, please remain seated and address all comments and questions to the chair of this hearing panel rather than to the individual parties involved. I would like to ask both parties if they would like an open or closed hearing. An open hearing means that anyone may stay in the room for the proceedings and may hear and see all of the information presented. A closed hearing means that only those persons directly involved with the case may remain for the proceedings. Hearings are closed unless both parties mutually agree to an open hearing. Does the Student Defense and accused student(s) wish to have an open or closed hearing? Does the University Advocate and witnesses wish to have an open or closed hearing? (If a closed hearing is held) I move that we go into closed session to prevent the disclosure of confidential student records under the federal Family Educational Rights and Privacy Act. (Motion must be seconded and approved by the hearing panel.) Would the University Advocate please read the notice of violations? Mr./Ms.____________(accused student), what is your plea to the violations of _____________, responsible or not responsible? (read each violation separately).

Plea of NOT Responsible Mr./Ms.__________,(accused student) you have entered a plea of not responsible to the violation(s) of_____________. (enter violation codes) We will begin with the witnesses for the University Advocate. Following each witness's statement, the University Advocate, the Student Defense, and the Hearing Panel may ask questions of that witness. Mr./Ms._____________,(accused student) you will then be given the opportunity to present your case. Witnesses for the University Advocate and the Hearing Panel will then be given the opportunity to ask you questions regarding your statement of the case. Student Defense witnesses may then present their statements. Are there any questions at this time? At this time everyone but the first University witness and accused student must leave the room. Additional witnesses will be called in individually to present their statements. (open or closed hearing) Will the first witness for the University Advocate please state your name and information regarding this incident? (questions taken following statement) (repeat for additional University Advocate witnesses) Mr./Ms.____________,(accused student) would you please present your information regarding this incident? (questions taken following statement) Will the first witness for the Student Defense please state your name and information regarding this incident? (questions taken following statement) (repeat for any additional Student Defense witnesses) At this time, we will hear closing statements of fact only beginning with the University Advocate. You may waive this right if you choose. Is there a closing statement from the Student Defense? Again, this right may be waived. **NOTE TO PANEL--UNLESS FURTHER INFORMATION IS REQUIRED, YOU MAY EXCUSE THE WITNESSES. This hearing is in recess as the panel deliberates responsibility. **NOTE TO PANEL--THE FINDINGS, PRIOR RECORD, BIND SANCTIONS MUST BE DELIVERED INDIVIDUALLY FOR EA CH ACCUSED STUDENT.

This hearing is now back in session.

Mr./Ms._____________, (accused student) the hearing panel has carefully deliberated and made the following decision: With the charge of ________________ the panel finds you____________. (repeat for each additional charge) If found NOT RESPONSIBLE: I would like to thank everyone for their time and remind them again that all information in this hearing is confidential. I move to go back into open session. (Motion must be seconded and approved by the hearing panel.) This hearing is adjourned. If found RESPONSIBLE: We will now enter into the sanctioning phase of the hearing. Mr./Ms.____________,(accused student) do you have any witnesses to testify on behalf of your character? Would the witness please state your name and the information you have in regard to the character of Mr./Ms._____________? (accused student) Are there any previous findings of responsibility on prior charges against this student [?] from the University Advocate? What are the recommendations for sanctioning from the University Advocate? Student Defense? University Police? Before we enter into deliberation, we would like to ask you a few questions: What is your class standing? How many hours are you taking this term? Do you have a job? How many hours do you work per week? Are you involved in any extracurricular activities? Do you have a car on campus? What is your age? Given that the Student Judicial System is part of the educational process, the panel requests additional information before entering sanctioning deliberations. Why do you think the University is concerned with this incident? What have you learned from this experience? This hearing is in recess as the panel deliberates sanctioning.

This hearing is now back in session. Mr./Ms.____________,(accused student) after careful consideration the panel has determined the following sanctions:_______________ . (enter sanctions) Should you fail to complete these sanctions by the designated time, you will be charged with Section 10(e) of the UNC Charlotte Code of Student Responsibility, and additional charges may be brought against you. You have the right to appeal the decision of this hearing panel on the following grounds: 1. 2. 3. 4. A procedural error was committed that may have affected the outcome of the hearing panel, The disciplinary sanction was too severe for the gravity of the violation, The facts in the case were not sufficient to establish that there was a violation of the Code, or New evidence has been discovered that might alter the outcome of the hearing, and such evidence was not known to the accused student at the time of the hearing.

You must complete this appeal in writing to the Dean of Students Office in 217 King Building within five days from today, excluding weekends and University holidays. Are there any questions? I would like to thank everyone for their time and remind them again that all information in this hearing is confidential. I move to go back into open session. (Motion must be seconded and approved by the hearing panel.) This hearing is adjourned.

Plea of RESPONSIBLE

Mr./Ms.____________,(accused student) you have entered a plea of responsible to the violation(s) of_______________ . (enter violation codes) This part of the hearing is to determine the sanctions to be imposed against you. We will begin with the witnesses for the University Advocate. Following each witness's statement, the University Advocate, the Student Defense, and the Hearing Panel may ask questions of that witness. Mr./Ms.____________,(accused student) you will then be given the opportunity to present your case. Witnesses for the University Advocate and the hearing Panel will be given the opportunity to ask you questions regarding your statement of the case. Student Defense witnesses may then present their statements. At this time everyone but the first University witness and accused student must leave the room. Additional witnesses will be called in individually to present their statements. (open or closed hearing) Would the University witness please state your name and the information you have in regard to this incident? (repeat for each additional witness) Would the accused please state your name and the information you have in regard to this incident? (repeat for each additional witness) At this time, we will hear closing statements of fact only beginning with the University Advocate. You may waive this right if you choose. Is there a closing statement from the Student Defense? Again, this right may be waived. Mr./Ms.____________,(accused student) do you have any witnesses to testify on behalf of your character? Would the witness please state your name and the information you have in regard to the character of Mr./Ms.________________? (accused student) Are there any previous findings of responsibility on prior charges against this student [?] from the University Advocate? What are the recommendations for sanctioning from the University Advocate? Student Defense? University Police? Before we enter into deliberation, we would like to ask you a few additional questions:

What is your class standing? How many hours are you taking this term? (continue next page)

Do you have a job? How many hours do you work per week? Are you involved in any extracurricular activities? Do you have a car on campus? What is your age? Given that the Student Judicial System is part of the educational process, the panel requests additional information before entering sanctioning deliberations. Why do you think the University is concerned with this incident? What-have you learned from this experience? **NOTE TO PANEL--UNLESS FURTHER INFORMATION IS REQUIRED, YOU MAY EXCUSE THE WITNESSES This hearing is in recess as the panel deliberates sanctioning. **NOTE TO PANEL--THE FINDINGS, PRIOR RECORD, AND SANCTIONS MUST BE DELIVERED INDIVIDUALLY FOR EACH ACCUSED STUDENT. This hearing is now back in session.

Mr./Ms.____________,(accused student) after careful consideration the panel has determined the following sanctions:______________ . (enter sanctions)

Should you fail to complete these sanctions by the designated time, you will be charged with Section 10(e) of the UNC Charlotte Code of Student Responsibility and additional charges may be brought against you. You have the right to appeal the decision of this hearing panel on the following grounds:

1. 2. 3. 4.

A procedural error was committed that may have affected the outcome of the hearing panel, The disciplinary sanction was too severe for the gravity of the violation, The facts in the case were not sufficient to establish that there was a violation of the Code, or New evidence has been discovered that might alter the outcome of the hearing and such evidence was not known to the accused student at the time of the hearing.

You must complete this appeal in writing to the Dean of Students Office in 217 King Building within five days from today, excluding weekends and University holidays. Are there any questions? I would like to thank everyone for their time and remind them again that all information in this hearing is confidential. I move to go back into open session. (Motion must be seconded and approved by the hearing panel.) This hearing is adjourned