� WORK GROUPS ARE PEOPLE WHO COOPERATE TO GET WORK DONE
� JUDGES ARE SUPPOSED TO BE NEUTRAL
� ATTORNEYS ARE SUPPOSED TO BE ADVERSARIAL
� BUT NONE ARE SUPPOSED TO BE COOPERATIVE
ROLE OF JUDGES AT TRIAL
� THE REFEREE
� ADVERSARIAL TRIALS SET UP LIKE ATHLETIC CONTESTS ON PURPOSE BY THE ENGLISH
JUDICIAL SELECTION
� APPLYING TO BE A JUDGE
� JUDICIAL QUALIFICATIONS
ROLE OF PROSECUTING ATTORNEYS
� PROSECUTORS ARE PARTIAL IN FAVOR OF PUTTING PEOPLE IN JAIL
� JUDGES ONLY SEE THE CASES PROSECUTORS WANT THEM TO SEE
� PROSECUTORS MAY RAISE, DISMISS OR LOWER CHARGES FOR WHICH DEFENDANT WAS ARRESTED
� WITHOUT INPUT FROM THE OFFICER OR THE VICTIM
� PROSECUTORS DROP ONE-THIRD TO ONE-HALF OF ARRESTS BEFORE PROSECUTION
� OFFICERS ONLY NEED PROBABLE CAUSE TO ARREST
� PROSECUTORS MUST PROVE THEIR CASES BEYOND A REASONABLE DOUBT TO WIN CONVICTIONS
TYPES OF PROSECUTING ATTORNEYS
� CITY ATTORNEY (MORE ON EACH)
� DISTRICT ATTORNEY
� STATE ATTORNEY GENERAL
� U.S. ATTORNEY
CITY ATTORNEYS
� ELECTED BY VOTERS OR PICKED BY CITY COUNCILS
� PROSECUTE MISDEMEANOR AND INFRACTION CASES WITHIN THEIR CITIES ONLY
DISTRICT ATTORNEYS (IN CALIFORNIA)
� ELECTED BY ALL VOTERS WITHIN A COUNTY
� PROSECUTE MISDEMEANORS AND INFRACTIONS OCCURRING OUTSIDE CITIES
� PROSECUTE FELONIES EVERYWHERE IN THE COUNTY
STATE ATTORNEY GENERAL
� ELECTED BY AL THE VOTERS IN THE STATE
� PROSECUTE CRIMINAL APPEALS CASES
U.S. ATTORNEY
� APPOINTED BY THE PRESIDENT
� APPROVED BY THE U.S. SENATE
� PROSECUTE FEDERAL CASES
DEFENSE ATTORNEYS
� DEFENSE ATTORNEYS ARE PARTIAL IN FAVOR OF KEEPING PEOPLE OUT OF JAIL
� MORE THAN 80% OF DEFENDANTS RELY ON PUBLIC DEFENSE (FREE) ATTORNEYS
� IN CALIFORNIA, EACH COUNTY HAS AN OFFICE OF THE PUBLIC DEFENDER
� A GOOD REPUTATION DEPENDS UPON BAD PEOPLE SAYING GOOD THINGS ABOUT YOU
� CONFLICTS INCLUDE TRYING HARD TO KEEP BAD PEOPLE OUT OF JAIL
TRIAL STAGES (MORE ON EACH)
� TRIAL INITIATION
� JURY SELECTION
� OPENING STATEMENTS
� PRESENTATION OF PROSECUTION�S EVIDENCE
� PRESENTATION OF DEFENSE�S EVIDENCE
� CLOSING ARGUMENTS
� CHARGING THE JURY
� JURY DELIBERATIONS
� VERDICT
TRIAL INITIATION
� YOUR RIGHT TO A SPEEDY TRIAL
� UNLESS WAIVED, A STATUTORY TIME LIMIT IN CALIFORNIA
� DEFENDANTS OFTEN WAIVE THEIR RIGHTS TO SPEEDY TRIALS
JURY SELECTION
� SIX AND TWELVE MEMBER JURIES
� RIGHT TO AN IMPARTIAL JURY (NOT �JURY OF YOUR PEERS�)
� VOIR DIRE
� CHALLENGES TO THE ARRAY
� CHALLENGES FOR CAUSE
� PEREMPTORY CHALLENGES
� SEQUESTERED JURIES
OPENING STATEMENTS
� WHAT EACH SIDE INTENDS TO PROVE
� HOW EACH SIDE INTENDS TO PROVE IT
TYPES OF EVIDENCE
� DIRECT EVIDENCE NEEDS NO INTERPRETATION
� CIRCUMSTANTIAL EVIDENCE REQUIRES AN INFERENCE
� ANYONE CAN BE CONVICTED OF ANY CRIME ON ANY COMBINATION OF THE TWO
PRESENTATION OF EVIDENCE
� PROSECUTOR GETS FIRST WORD AND LAST WORD TO COMPENSATE FOR �BURDEN OF PROOF�
� BOTH EXHIBITS (�REAL EVIDENCE�) AND TESTIMONY ARE EVIDENCE
HEARSAY BY A WITNESS
� GENERALLY, A WITNESS MAY NOT TESTIFY TO WHAT SOMEONE ELSE SAID
� ANYTHING ELSE IS �HEARSAY�
� EXCEPTIONS INCLUDE DYING DECLARATIONS AND CONFESSIONS
CONCLUSIONS BY A WITNESS
� GENERALLY, A WITNESS MAY ONLY TESTIFY TO WHAT HE OR SHE KNOWS FOR CERTAIN
� ANYTHING ELSE IS �CONCLUSIONARY�
� EXCEPTIONS INCLUDE EXPERT TESTIMONY
TESTIFYING
� EACH ATTORNEY GETS TO CALL WITNESSES
� PROSECUTION CALLS WITNESSES FIRST
� EACH ATTORNEY GETS TO INTERVIEW EACH WITNESS
� ATTORNEY WHO CALLED THE WITNESS GORES FIRST (DIRECT EXAMINATION)
� THE OPPOSING ATTORNEY THEN TRIES TO DISCREDIT THE WITNESS (CROSS EXAMINATION)
CLOSING ARGUMENTS
� SOMETIMES CALLED �SUMMING UP FOR THE JURY�
� EACH SIDE TRIES TO CONVINCE JURY OF HOW THINGS ADD UP
� PROSECUTION GETS LAST WORD
CHARGING THE JURY
� THE JUDGE TELLS THE JURY ITS JOB, DEFINES �PROOF BEYOND A REASONABLE DOUBT�
JURY DELIBERATIONS
� NON-UNANIMOUS JURIES
� HUNG JURIES