Criminal Defendants on Trial: How to Relate to the Courtroom Work Group

Who is the judge and what is its role?
J. is the person who is high on the seat in front of the courtroom. Although the judge is bound by law to rule on the admissibility “of evidence of its entry into the trial, the jury is empowered by law to determine the” reliability “or” credibility “of evidence. The judge should have no impact on the jury’s verdict. If the final verdict is guilty, the judge will determine the sentence. The jury can not consider that this sentence could be when they deliberate on the facts. The role of the judge and the jury’s role in the trial are separate and distinct.

If you decide to make your case before the judge alone, without a jury, several factors come into play:

* The judge will decide admissibility and reliability of the evidence.

* The trial will be much shorter. A three-day trial jury may be completed in an afternoon by the judge.

* The drama that is seen in jury trials is low coupled with a trial before the judge.

* The judge and prosecutor are both employed by the state, but their roles and their requirements are theoretically different.

* Some arguments with theatricality that can be made in favor on the jury will have no impact on the judge sitting alone as a decision maker in this case.

* The judge alone decides on all matters of procedure and law, and to decide the facts of the case. There are fewer checks and balances.

Each judge has his own personality they bring to the courtroom. The human factor must be taken into consideration as it is in all spheres of life. Thus, we ask, is the judge of the enemy that we are at war? “Did you play competitive sports? In basketball, for example, your team is competing against another team. Both want to win! An arbitrator is hired to call the game by the same rules as any the world applies to all games. The arbitrator shall be impartial, but has yet to rule in favor of one team or another. Shouting at the referee persuades a change of decision, but may influence future calls. It is always in favor of your team to calm down and respect the decision of the referee. Play the game hard, but you must follow the rules. For this it is useful to know the rules within which ‘outside.

We can draw two different images of the courtroom. It is where the judge is very strict and treats everyone the same. The other is where the judge is too friendly with one or more lawyers and courtroom workers and the atmosphere is very loose.

In the case of the strict judge, both parties must approach the podium to present their arguments, otherwise they are not allowed to speak. They must also make their objections. When they sit, they must be quiet while the other presents her argument. In the other picture with loose or relaxed atmosphere, familiarity often freezes in a tightly knit brotherhood between the judge and the prosecutor is very difficult to put aside once the trial began before a jury. After all, they spend most of the week working together.

You’re never sure what situation you not for your trial. Whether the judge is very tight or too loose can not be predicted from the defendant. However, a clever defense lawyer should know what the trends are such that judge before the trial. Anyway, you want to be respectful to the judge’s chambers. Should you ever stopped again in the same court you will probably attributed to the same judge.

Suggestions for your behavior that will help you with the judge as decision maker.

* Be polite to stand up and be quiet when the judge enters and leaves the courtroom.
* Do not speak when the judge speaks.
* If you talk to your lawyer, whisper or, preferably, write him a note.
* Please keep in mind that after the trial that the verdict against you, the judge that you were respectful of the trial will determine your sentence.
* Listen to the judge and try to understand the decisions of the Court.

Who are the other people at the front in the courtroom?
The usually seated in the front or just beside the judge, according to the provision of the courtroom. This employee works for the Clerk of the Court is an independent elected. The clerk at the hearing took control of the judge, but is governed by the procedures defined by the clerk’s office. This is not an antagonist of the defense, so do not be rude to the Clerk of the court. Nothing is never acquired by fighting with this person. You will see during breaks when the jury and the judge to leave the room, the clerk at the hearing is generally kind, friendly and polite to everyone in the courtroom. Since the clerk at the hearing that all notices of the Court, makes entries in the file and the letter “has the ear of the judge” throughout the analysis process, you already have a relationship with that person .

The court < journalist / b> wins everything that is said while the Court is in session. The journalist usually uses a machine to record a kind of abridged version of the words exchanged between the different stakeholders. They are attentive and focused because if they forget everything they can not keep this job for long. The record of this matter is of importance for calls later reference by the parties or the court postconviction and even if the jury wants a rereading of testimony in this trial. The reporter does not generally engage in a conversation with others in the courtroom, even during breaks.

Bailiffs or “with the audience / members b> are very important people for the defense. They found hundreds of trial by jury and have a good feeling to know how your particular trial is going on. They are a good source of information and tips that are useful to those who will listen and hear. For example, in a trial where the accused had long dreadlocks wild and the only question was an eyewitness identification, the officer tried to convince the defendant to shave his head to trial. The officer told him to try to look like Michael Jordan and be quiet and respectful during the trial. The prosecutor, the accused’s family, and all the workers courtroom gave the same advice, but in vain. Ironically, the eyewitness said he had not seen the hair of the armed robber because he could have a ceiling. However, the subconscious thought of the jurors was: “If I have not seen him for 10 years and suddenly saw him, I remember it was him because the hair!” It has been recognized guilty and sentenced to life. Had he listened to the opinions of all, the result would have been different.

No Court in your criminal trial, as in all the facets of life, the best advice anyone can give you is to try to live at certain points of the Boy Scout law, “Be friendly, courteous, kind, obedient, gay, and clean . “Highlight your assets for the trial. Respect the judge, the judicial and courtroom workers who strive to live these standards every day. If you are trying your hardest to illustrate these things, a degree of grace and mercy that could come your way when you need it most.