Course Court Systems and Practices. Unit VII Courtroom Professionalism and Personnel

Course Court Systems and Practices Unit VII Courtroom Professionalism and Personnel Essential Question What are the roles and responsibilities of members of the courtroom work group? TEKS 130.296(c) (2)(A)(B) (3)(A)(B) Prior Student Learning General knowledge of LPSCS careers Estimated Time 3 to 10 hours Courtroom Roles and Responsibilities Rationale The courtroom is a vital part of the criminal justice system. In the courtroom there are specified roles that allow the courtroom to function and work properly so that justice is served. There are also standards that witnesses must meet in order to be effective on the stand. Objectives The student will be able to: 1. Explain the roles of the police, prosecutor, judge, and criminal defense attorney in the criminal process 2. Examine the roles and importance of members of the courtroom work group such as the jury, bailiff, and court reporter 3. Utilize communication skills to evaluate body language, gestures, verbal tone, and inflection 4. Utilize interpersonal communication skills 5. Distinguish what makes a good witness Engage Use the following for a classroom discussion: 1. List all of the different types of people involved in a trial. 2. Which one would you like to be and why? 3. What do you think that person does during the trial? Use the Discussion Rubric for assessment. Key Points I. Roles of the Courtroom Work Group A. Police Officer B. Prosecutor C. Defense Attorney D. Judge E. Defendant F. Victim G. Bailiff H. Court Reporter I. Jury II. Responsibilities of Each Courtroom Role A. Police Officer 1. Has directly worked on the case 2. Is there to tell the facts of the case 3. Will go over the report with the prosecutor before the trial 4. A good report done by the officer will joggle the officer s memory. 5. The quality of the case management and the precaution the 1

officer has taken at the crime scene accumulates at the trial. 6. The police officer s appearance in court is important to his department s and his own reputation. B. The Prosecutor 1. Is the representative of the state 2. Opens the trial with an opening statement 3. Is the first to present his or her case by calling the first witnesses 4. Will redirect the witness if necessary 5. Will cross and re-cross the witnesses that the defense attorney has called 6. Will deliver closing statements after the defense has delivered theirs 7. Has an obligation to object to the judge when the defense has violated courtroom procedure C. The Defense Attorney 1. Is hired by the defendant or appointed by the state to represent the defendant 2. Gives an opening statement after the prosecutor 3. Crosses and re-crosses the prosecutor s witnesses 4. Presents the case and calls his or her witnesses 5. Redirects witnesses if need be 6. Gives a closing statement when done with the case 7. Has an obligation to object to the judge when the prosecutor has violated courtroom procedure D. The Judge 1. Is the referee in the courtroom and has final say on all things, including objections by the attorneys. 2. Will decide the guilt or innocence of the defendant if the defendant has waived their right to a jury E. The Defendant 1. Is the person accused of the crime 2. Is protected by the 5th amendment from testifying against his or her self in court F. The Victim 1. Is the person the crime was committed against and is usually called to testify in court G. Bailiff 1. Is a certified peace officer that maintains order in the court 2. Administers the oath to anyone who takes the stand 3. Takes things to and from the judge and does anything else the judge needs H. Court Reporter 1. Documents everything that is said during the trial 2. This documentation becomes an official record and may be 2

used in further court proceedings. I. The Jury 1. Is made up of 6 to 12 U.S. citizens 2. Is selected by the prosecutor and defense attorney before the trial, but the judge has the final say on who can be in the jury 3. Decides the innocence or guilt of the defendant and may be asked to determine the defendant s sentence if the defendant is found guilty III. Terms A. Direct examination the first series of questions asked of the witness by the prosecutor or defense attorneys when they are presenting their case B. Redirect examination when the prosecutor or defense attorneys are allowed to ask questions after their witness has been crossexamined by the other side C. Cross-examination the first series of questions asked of the witness by the prosecutor or defense attorneys when the other side is presenting their case D. Recross-examination when the prosecutor or defense attorney can ask questions of the other side s witness after that witness has been redirected E. Objection prevents illegal questioning; the prosecutor and the defense attorney have the duty to object to the judge when the other side is violating proper courtroom procedure F. Sustain one of two types of judge rulings on objections; the witness is not allowed to answer the question that has been asked of them G. Overrule one of two types of judge rulings on objections; the witness is allowed to answer the question that has been asked of them IV. Rules of Good Witness Testimony A. Everyone who is called to testify at court is considered a witness. B. The following information will assist in giving an effective and professional testimony: 1. Be confident 2. Don t look at the jury, judge, or the accused when walking into the courtroom 3. When taking the oath, look at the person administering it 4. Sit up straight and keep your hands in your lap, not near your mouth 5. Answer questions loudly and clearly 6. Make eye contact with the jurors when answering questions 7. Address the judge as Your Honor if it is necessary to ask 3

the judge a question 8. Understand the question before answering it 9. Stop talking if an objection is made, until the judge has made a ruling 10. Always tell the truth 11. Admit when you make mistakes 12. Know the facts but do not memorize the testimony Activities Have the students participate, as a police officer, in a short mock trial to practice their courtroom testimony skills. The other students in the class may assess the student who is testifying, based on the Courtroom Testimony Rubric. Cover all the proper courtroom testimony instructions using the Courtroom Roles and Responsibilities computer-based presentation. Then follow these steps to complete the activity: 1. Give the students a scenario similar to one they would experience as a police officer (see the sample Courtroom Testimony Case Scenario). 2. Instruct the students to write a one-page paper based on this scenario. The students create the details and each student s report is unique. 3. Make a copy of each student s report for each of the other class members. 4. Have each student testify about his or her case in front of the class without using the report. The other class members will have a copy and use it, along with the Courtroom Testimony Rubric, to assess the validity of the testimony, while acting as the jury. As the instructor, act as the prosecutor or defense attorney, average the peer assessment grades for the final grade, and assert your right to make adjustments, as needed. Assessments Courtroom Roles and Responsibilities Exam and Key Courtroom Roles and Responsibilities Quiz (Open note) and Key Courtroom Testimony Rubric (Student) Discussion Rubric Individual Work Rubric Research Rubric Materials Courtroom Roles and Responsibilities computer-based presentation Courtroom Testimony Case Scenario Courtroom Testimony Trial Questions (Teacher) Resources The Courts and Criminal Procedure, Instructional Materials Service, Trade 4

and Industry Education Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe Our Rights (1st Edition), David Bodenhamer http://www.sunnylandsclassroom.org/asset.aspx?id=1329 The Annenberg Classroom http://www.annenbergclassroom.org Justice Learning http://www.justicelearning.org Do an Internet search for FindLaw Accommodations for Learning Differences For reinforcement, students will identify terms and phrases used during courtroom procedures and roles of the courtroom work group. Use the Individual Work Rubric for assessment. For enrichment, students will research famous court cases that were lost because of irresponsible behavior in the courtroom. Use the Research Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education 130.296. Court Systems and Practices (One to Two Credits). (2) The student explores the roles and responsibilities of members of the courtroom work group. The student is expected to: (A) explain the roles of the police, prosecutor, judge and criminal defense attorney in the criminal process; (B) examine the roles and importance of members of the courtroom work group such as the jury, bailiff and court reporter; (3) The student practices communication skills needed for the courtroom policies and procedures. The student is expected to: (A) utilize communication skills to evaluate body language, gestures, verbal tone and inflection; (B) utilize interpersonal communication skills; College and Career Readiness Standards III. Speaking A. Understand the elements of communication both in informal group discussions and formal presentations 1. Understand how style and content of spoken language varies in different contexts and influences the listener s understanding. IV. Listening A. Apply listening skills as an individual and as a member of a group in a variety of settings. 2. Interpret a speaker s message; identify the position taken and the evidence in support of that position. 5

Courtroom Testimony Case Scenario You are a police officer working the Friday night shift. It is 11:30 p.m. and you are traveling south, on the 100 block of Elk Drive, in front of the high school. You receive a call about a possible drunk driver heading in your direction. The vehicle is described as a 1990 s blue pickup truck that is weaving all over the road. You clock a vehicle driving your direction at 60 mph. The vehicle starts to veer into your lane and you steer to the right to avoid a collision. As the vehicle passes, you notice that it matches the vehicle description of the possible drunk driver. You turn your squad car around and pull the truck over. You make contact with the driver and have him perform the field sobriety tests, which he fails. You then arrest the driver for D.W.I. Write a minimum one page report documenting everything that occurred from the time you received the call until you made the arrest. List every detail, including the proper name of all the tests, the name of the clues you observed, the driver s behaviors, etc. You will use this information to testify about this case in a mock trial and will be graded by your peers using the Courtroom Testimony Rubric. 6

Courtroom Testimony Trial Questions 1. State your name and occupation. 2. Where you working on the night of? 3. Did you come in contact with the suspect? How? 4. Is that person in the room today? 5. Describe him. 6. What happened next? 7. What made you think that the defendant was intoxicated? 8. What did you do next? Optional Questions: What are the clues you observed? How many clues does it take to fail the test? 7

Name: Date: Courtroom Roles and Responsibilities Exam Matching: 1. Who is a certified peace officer that maintains order in the court? 2. Who is the referee of the courtroom? 3. Who is the person against whom the crime has been committed? 4. Who is selected before the trial by the prosecutor and defense attorney? 5. Who is a representative of the state? 6. Who is an employee of the court that records everything that is said in the trial? 7. Who represents the defendant? 8. Who has worked directly on the case? 9. Who is accused of committing the crime? Multiple Choice: a) Police officer b) Court reporter c) Judge d) Prosecutor e) Defense attorney f) Bailiff g) Jury h) Victim i) Defendant 10. What things accumulate at the trial for the police officer? a) Precaution an officer takes at the crime scene b) Quality of case management c) Officer s anger d) A and B only e) All of the above 11. What does a good report do to a police officer s memory? a) Clouds it b) Joggles it c) Drains it d) Nothing 8

12. When should the police officer look at their report? a) Before the trial b) During the trial c) After the trial d) A and B only e) None of the above 13. What should the prosecutor not do for the police officer? a) Read the officer s report b) Question the officer about his/her report c) Tell the officer what to say d) Tell the officer what to expect from the defense attorney 14. What could an officer s court appearance do to the officer s and department s reputation? a) Enhance it b) Demean it c) Nothing d) A and B e) None of the above 15. What should an officer wear to court? a) Blue jeans b) Shorts c) Uniform d) All of the above e) A or B only 16. What is the opening statement intended to do to the jury? a) Give them all the details of the case b) Whet their appetite c) Give them the option of staying or going home d) Nothing, it is just a formality 17. When does the prosecutor give their closing statement? a) Before the defense attorney b) After the defense attorney c) It does not matter d) The prosecutor does not normally give a closing statement 18. When does the defense attorney give their opening statement? a) At the very beginning of the trial b) After the prosecutor gives theirs c) After the prosecutor is done presenting their case d) The defense attorney does not normally give an opening statement 19. When does the defense attorney give their closing statement? 9

a) After the prosecutor gives theirs b) Before the prosecutor gives theirs c) When they are done presenting their case d) Both B and C 20. During the closing the statement, the defense attorney emphasizes why their client is innocent. a) True b) False 21. What is the first series of questions asked by the prosecutor or defense attorney? a) Direct examination b) Redirect examination c) Cross-examination d) Recross-examination 22. What is the first series of questions asked by the prosecutor or defense attorney after the other side has already asked their first series of questions? a) Direct examination b) Redirect examination c) Cross-examination d) Recross-examination 23. What is the series of questions asked by the prosecutor or defense attorney called after the answer to the above question happens? a) Direct examination b) Redirect examination c) Cross-examination d) Recross-examination 24. What is the series of questions asked by the prosecutor or defense attorney called after the answer to the above question happens? a) Direct examination b) Redirect examination c) Cross-examination d) Recross-examination 25. What do the prosecutor or the defense attorney have the responsibility to do if the other is violating courtroom procedure? a) Nothing b) Walk out c) Object d) Inform the jury in their closing statement about it 26. What prevents an illegal questioning? a) Disagreement b) Interruption c) Objection d) Nothing 10

27. If a defendant waves their right to a jury, who decides their guilt or innocence? a) An agreement must be reached between the prosecutor and defense attorney b) The judge c) Charges against the defendant are dropped d) Trial cannot happen without a jury 28. What does the judge say when the witness is not allowed to answer the question that the prosecutor or defense attorney has an issue with? a) Sustained b) Overruled c) Allowed d) Not allowed 29. What does the judge say when the witness is allowed to answer the question that the prosecutor or defense attorney has an issue with? a) Sustained b) Overruled c) Allowed d) Not allowed 30. What amendment protects the defendant from testifying? a) 3 rd b) 4 th c) 5 th d) 6 th 31. Who administers the oath to anyone who takes the stand? a) Judge b) Jury c) Court reporter d) Bailiff 32. What is it called if the jury cannot decide the guilt or innocence of the person on trial? a) Bad trial b) Undecided jury c) Hung jury d) Divided jury 33. What should a witness do if they make a mistake? a) Deny it b) Admit it c) Ignore it d) Both A or C e) Nothing 11

34. What should a witness always tell? a) Only their side of the story b) The truth c) About what kind of a scumbag the defendant is or is not d) Whatever they think they jury wants to hear 35. What should a witness never do with their testimony? a) Rehearse it b) Think about it c) Memorize it d) Forget about it 36. How should a witness be on the stand? a) Nervous b) Rude c) Confident d) Abrasive 37. Who should the witness not look at when entering the courtroom? a) Judge b) Jury c) Accused d) All of the above 38. Who should the witness look at when taking the oath? a) One administering the oath b) Prosecutor c) Defense attorney d) Judge 39. Where should a witness hands be while testifying? a) Behind their head b) In their lap c) On the side of the chair d) Behind their back 40. How should the witness answer the questions? a) Loudly b) Clearly c) Should be soft spoken d) Both A and B 41. What should the witness do with the jury? a) Smile b) Make eye contact c) Ignore d) Both A and B 42. How does a witness address a judge? 12

a) Sir b) Judge c) Your Honor d) Your Majesty 43. What should a witness specifically do about a question before they answer it? a) Dissect it b) Listen to it c) Understand it d) Nothing 44. What should a witness do if there is an objection? a) Stop talking b) Keep talking c) Ignore it d) Ask about it 45. What are the court reporter s notes considered to be? a) The media s account of what happened during the trial b) Official documents c) Hearsay d) After thoughts 13

1. F 2. C 3. H 4. G 5. D 6. B 7. E 8. A 9. I 10. D 11. B 12. A 13. C 14. D 15. C 16. B 17. B 18. B 19. D 20. A 21. A 22. C 23. B 24. D 25. C 26. C 27. B 28. A 29. B 30. C 31. D 32. C 33. B 34. B 35. C 36. C 37. D 38. A 39. B 40. D 41. B 42. C 43. C 44. A 45. B Courtroom Roles and Responsibilities Exam Key 14

Name: Date: Courtroom Roles and Responsibilities Quiz Who is a certified peace officer that maintains order in the court? 1. Who is the referee of the courtroom? 2. Who is the person against whom the crime has been committed? 3. Who is selected before the trial by the prosecutor and defense attorney? 4. Who is a representative of the state? 5. Who is an employee of the court that records everything that is said in the trial? 6. Who represents the defendant? 7. Who has worked directly on the case? 8. Who is accused of committing the crime? 9. What two things accumulate at the trial for the police officer? 10. 11. 15

What does a good report do to the police officer s memory? 12. When should the police officer look at the report? 13. What should the prosecutor not do for the police officer? 14. What two things could an officer s court appearance do to the officer s and department s reputation? 15. 16. What should an officer wear to court? 17. or 18. What is the opening statement intended to do to the jury? 19. When does the prosecutor give their closing statement? 20. When does the defense attorney give their opening statement? 21. When does the defense attorney give their closing statement? 22. What does the defense attorney emphasize to the jury during their closing statement? 23. 16

What is the first series of questions asked by the prosecutor or defense attorney when they are presenting their case called? 24. What is the first series of questions asked by the prosecutor or defense attorney when the other side is presenting their case called? 25. What is the series of questions asked by the prosecutor or defense attorney called after the answer to the above question happens? 26. What is the series of questions asked by the prosecutor or defense attorney called after the answer to the above question happens? 27. What do the prosecutor or the defense attorney have the responsibility to do if the other is violating courtroom procedure? 28. What prevents illegal questioning? 29. If a defendant waives their right to a jury, who decides their guilt or innocence? 30. What does the judge say when a witness is not allowed to answer a question that the prosecutor or defense attorney has an issue with? 31. What does the judge say when a witness can answer a question that the prosecutor or defense attorney has an issue with? 32. What amendment protects the defendant from testifying? 17

33. Who administers the oath to anyone who takes the stand? 34. What is it called if the jury cannot decide the guilt or innocence of the person on trial? 35. What should a witness do if they make a mistake? 36. What should a witness always tell? 37. What should a witness not do with their testimony? 38. How should a witness be on the stand? 39. Who should the witness not look at when walking into the courtroom? 40. 41. 42. Who should the witness look at when taking the oath? 43. Where should the witness hands be during the trial? 44. How should the witness answer the questions? 45. 18

46. What should the witness do with the jurors? 47. How does a witness address a judge? 48. What should a witness do about a question before he answers it? 49. What should a witness do if there is an objection? 50. 19

Courtroom Roles and Responsibilities Quiz Key 1. bailiff 2. judge 3. victim 4. jury 5. prosecutor 6. court reporter 7. defense attorney 8. police officer 9. defendant 10. precaution an officer takes at the crime scene 11. quality of case management 12. joggles it 13. before the trial 14. tell them what to say 15. enhance it 16. demean it 17. uniform or 18. formal wear 19. wet their appetite 20. after the defense attorney gives theirs 21. after the prosecutor gives theirs 22. when they are done presenting their case or before the prosecution gives theirs 23. why their client is innocent 24. direct examination 25. cross-examination 26. redirect examination 27. recross-examination 28. object 29. objection 30. judge 31. sustained 32. overruled 33. 5 th 34. bailiff 35. hung jury 36. admit it 37. truth 38. memorize it 39. confident 40. judge 41. jury 42. accused 43. person administering it 44. in their lap 45. loudly 46. clearly 47. make eye contact 48. Your Honor 49. understand it 50. stop talking 20

Name: Date: Courtroom Testimony Rubric Directions: Rate the testifying student (officer) using the below rubric. Officer s Name: 4 pts. 3 pts. 2 pts. Needs Some Objectives Excellent Good Improvement 1 pt. Needs Much Improvement N/A Pts. Exhibited knowledge of their report Made eye contact with the jury Maintained confident body language Kept their hands in their lap Listened to the entire question before responding Spoke loudly and clearly Did not become combative or upset even though baited by the attorney Admitted to any mistakes in their testimony Told the truth according to their report Based on their testimony, would you find the defendant guilty (4 points) or not guilty (1 point) Total Points (40 pts.) 21

Name Date Objectives 4 pts. Excellent Discussion Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 22

Name Date Objectives Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated Individual Work Rubric 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Time management Student used time wisely and remained on task 100% of the time Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved *Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Total Points (20 pts.) Comments: 23

Name Date Objectives Question/goal Student identified and communicated a question or goal of the research 4 pts. Excellent Research Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research Reflection Student reflected on the importance of the research and its potential application Total Points (20 pts.) Comments: 24