The courtroom trial procedure for civil law cases and criminal law cases is basically the same, although there are a few differences.
Courtroom procedure follows good common sense. When two persons go to court, it is the responsibility of the complaining party to show that something is wrong or that he or she has been injured. The defendant must dispute the complaint or show that the plaintiff is not entitled to relief. The court acts as the representative of all the people. Officers of the Court, those authorized to help in carrying out the duties of the court, consist of the following persons:
Judge. The person elected or appointed to preside over the court. If the case is to be heard by ; jury, the judge rules upon points of law dealing with trial procedure, presentation of evidence and the laws that apply to the case. If the case is heard without a jury, the judge will also determine the facts.
Lawyers. Both defense and plaintiff lawyers have the responsibility of representing their respective clients and presenting the evidence on their behalf so that the jury or the judge can reach a just verdict, or decision. In criminal cases, if a defendant doesnt have a lawyer, or is unable to pay for one, the court will appoint a lawyer to represent him or her without cost.
Court Clerk. A clerk of the court aiso is either elected or appointed. The clerk is in charge of the routine, day-to-day business of the court. In addition to keeping court records and seals, the clerk enters court orders and judgments into the record and generally keeps the papers of the court.
Bailiff The bailiff has the duty to keep order in the courtroom. In court proceedings, questions involving the property, life and liberty of an innodividual may be decided. In order for the judge, lawyers, witnesses and jurors to produce a fair and just decision, quiet must be maintained.
Court Reporter. The court reporter makes a record of all the proceedings by shorthand or stenotype, a machine that types shorthand symbols on tape. This includes all statements made by witnesses, attorneys and the judge. He or she also marks for identification all exhibits placed in evidence.
All the officers of the court are governed by law and must obey the rules of proper court procedure.
In addition to the officers of the court, the members of the jury are present in the court during the trial.
Jury. All citizens have a right to trial by jury in criminal cases and usually in civil cases. The defendant in a criminal case may choose to have his or her case heard by the judge alone. The jury usually consists of twelve citizens who must determine whether the claims that are made by the defendant and the plaintiff are true or false. They base their decision only on the evidence given in court. They cannot be influenced by information or opinions that they hear outside of the courtroom.
Every citizen has the responsibility to accept jury duty when called. Persons who serve on a jury play an important role in seeing that justice is done .
Court begins when the judge enters the courtroom, the bailiff announces the opening of court,
and all stand until invited to be seated by the judge,
After the jury has been selected and sworn in, the trial of the case proceeds in the following manner:
-An opening-statement is made, first by the lawyer for the plaintiff, than by the lawyer for the defendant. The purpose of this statement is to outline to the jury; or judge, the factual situation and what each side expects to prove by evidence to be submitted.
- The plaintiffs lawyer calls witnesses and asks them questions in an effort to prove the plaintiffs claims. This is called direct examination. The defense lawyer then has the right to cross-examine, or check the answers given by the witnesses. When the plaintiffs witnesses-have been presented, the plaintiffs lawyer says, "I rest my case."
- The defense lawyer now has the opportunity to bring in other witnesses in order to present the defendants side of the case. The plaintiffs lawyer has the right to cross-examine these witnesses.
- The lawyers for both parties then make closing arguments in which they try to convince the jury (or judge) that their client is in the right.
- When the lawyers have finished their closing arguments, the judge will instruct the jury as to what law it must follow in deciding the case.
1. -When the judge has finished, the jurors leave the courtroom and go to the jury room to consider the issues of the case and to reach a verdict.
After the jury gives its verdict of guilt or innocence, the judge enters judgment. In a criminal case, if the defendant is convicted, the judge will set a date for announcing punishment. In most states, the judge decides on the sentence, but sometimes the jury decides this.
A higher court, called an appeals court, ordinarily cannot reverse the jurys decision in a criminal case if it is "not guilty." This acquittal, or setting free, is final for ail time. Nor can a higher court increase the punishment that the jury has set by law. But if the defendant is found "guilty," a higher court can reverse the conviction if some error was committed during the trial or if there was not sufficient evidence to justify the finding of guilt. Appeal Procedure
Depending upon the type of case and the amount of money involved, if a defendant feels the court decision was unjust, he or she can appeal the judgment of the court. In a civil law case, either the defendant or plaintiff may appeal to a higher court, called the Court of Appeals. But in a criminal law case, this right is limited to the defendant.
The right of appeal does not extend to the prosecution in criminal cases even if the prosecutor should discover new evidence of the defendants guilt after acquittal. Moreover, the state cannot bring the defendant to trial again on the same charge. The Constitution of the United States, and those of most states, prevents retrial under rules known as double jeopardy, to place someone twice in danger of losing life or liberty.
Appeals in either civil or criminal cases may be requested on the grounds that (a) there have been errors in the trial procedure, or (b) errors in the interpretation of the law which may have been prejudicial (hurt ones chances for a fair trial).
Only under unusual circumstances can the decision of a Court of Appeals be, in turn, appealed to the State Supreme Court or United States Supreme Court. The United States Supreme Court usually hears on appeal only those cases that involve federal laws or the United States Constitution and Bill of Rights.