Attorneys, Witnesses, and Rules of Court - PowerPoint Presentation

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Attorneys, Witnesses, and Rules of CourtSlide2

Attorneys

A person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. Slide3

Trial Attorneys

AKA Litigators

- Specialize in court appearances.

Most work takes place outside of the courtroom - research, interviewing witnesses, preparation.

Civil litigators – act as client’s advocate (their legal voice) in civil trialsEither for the plaintiff or the defendantCriminal litigators – defendant’s attorney has a duty to do everything ethically possible to secure the release and acquittal of their client.Only for the defendant.The Prosecutor works for the state/governmentSlide4

When Do You Need an Attorney?

Litigators

Bringing Civil Suits

Defending Criminal Charges

Lawyer/AttorneyFamily Status Change (Divorce, Adoption, etc)Personal Injury AccidentProperty Damage AssessmentsCreating a WillBuying and Selling a HouseCreating a BusinessSlide5

Do you need a lawyer?

Jot down Y for yes, N for no.

Be prepared to explain your responses.Slide6

Finding an Attorney

Flat fee or by the hour?

Is a retainer required?

Retainer

–a down payment on the total feeWill a contingency fee apply?Contingency fee – the fee paid to the lawyer only if the case is won ( usually about 1/3 of the amount awarded)Contingency is usually used for tort cases involving personal injury  possibility for a lot of $$$ in damagesThe client pays nothing except court expenses if the case is lost.Slide7

Working with an Attorney

Attorney-client privilege –

the discussions between the client and attorney are private and confidential

Facilitates trust through full disclosure with attorney so they can do their best to represent the

clientNot applicable if the client reveals that they plan to hurt themselves or othersAttorney gives legal advice – CLIENT makes final decision Slide8

Attorney Ethics

Code of Professional Responsibility

- standard of conduct for lawyers/attorneys enforced by the state bar association.

North Carolina State Bar - RulesSlide9

Attorney Ethics

If

a lawyer violates standards of conduct, he/she may be reprimanded, suspended, or

disbarred

Disbarred – lawyer loses license to practice lawIf a client feels that they have been misrepresented by their attorney, they can appeal the verdict/judgement and sue the attorney for damages due to legal malpractice.Legal Malpractice – cases in which clients sue their attorney for serious errors that resulted in injury or loss.Slide10

Becoming an Attorney

Take LSAT (Law School Admission Test)

Go to Law School

Pass your state’s Bar Exam

Must pass to receive license to practice lawSlide11

Law School Admissions

Starting salary depends on type of law practiced.

Private sector (private law firms, companies) attorneys make more $.

Public sector (working for government) attorneys make less $.

Common college majors that go on to law schoolPolitical ScienceHistoryCriminal JusticeWhere?Median Undergrad GPAMedian Starting SalaryCampbell LawRaleigh3.3$50,000UNC LawChapel Hill3.5$80,000Duke LawDurham3.8$90,000Slide12

Attorneys in Criminal Cases

Prosecution

DefenseSlide13

Prosecuting Attorney

The District Attorney (DA)

-  elected public official who represents the state/government in the prosecution of all criminal matters

has Assistant District Attorneys (ADAs) that help.

NC District Attorneys 1 per state districtElected to 4 year terms Represents NC state in District and Superior CourtsUS District Attorneys 1 per US districtApply with DOJ for an open positionWorks for US Attorney GeneralWorks in Federal District CourtsSlide14

Prosecuting Attorney

Decides…

Whether to press charges

Which charges to file

May decide if certain decisions will benefit a person or society from a certain course of action.A first time drug offender may be placed in a rehabilitation program instead of being prosecuted in the criminal justice program.Slide15

Wake Co. District Attorney

District 10

May 6, 2014 – Primary election for new DA

Narrows field down to 1 Democrat and

1 Republican – Unofficial resultsFirst time in over 3 decadesFormer DA - Colon Willoughby Jr. November 4, 2014 – General election for new DAOffice Organization and ADAsThe mission of the Wake County District Attorney's Office is to “fairly administer criminal justice in a professional manner balancing rights, interests, and concerns of victims, accused, and citizens of this state and to promote and encourage the creation and implementation of laws and programs which will further this goal.”Slide16

Defense Attorney

Represents

the accused and convicted persons

in their dealings with the criminal justice

systemMakes sure the prosecution proves its case in court or has substantial evidence of guilt before a guilty plea is madeAdvises the defendant and protects their constitutional rights.Often gives psychological support to the defendant and his/her family.Slide17

Public Defenders

Full time government employee (public sector)

A specialist in criminal law who provides counsel to

indigents

- one without sufficient income to afford a lawyer for defense in a criminal case. Public defender system is used in the majority of counties in all 50 states. Wake Co. (District 10) Public DefendersNC Office of Indigent Defense ServicesSlide18

Public Defenders

Advantages

Disadvantages

Familiarity with judges

Familiarity with police officers – know which are good/bad witnessesSpecialized in certain cases – DWI, domestic violence, drug crimes, etcEfficient at evaluating plea bargains Low-paidOverloaded with casesLittle time for each caseLack office equipment and research accessCan’t afford to hire private investigatorsAll these factors could disservice the defendant Slide19

Rules of Evidence in CourtSlide20

Steps in a Basic TrialSlide21

Direct Examination

The

primary questioning

of a witness during a trial that is

conducted by the side for which that person is acting as a witness.No leading questions – a question that suggests or implies its own answer or can only be answered by yes or no.You were at KC’s bar on the night of July 15, correct?Were you at KC's bar on the night of July 15? Should ask more open-ended questions to build creditability of witness.Where were you on the night of July 15?Slide22

Cross Examination

The

interrogation of a witness

by the side

opposed to the one who called the witness May ask leading questions to elicit testimony which the witness might be reluctant to volunteer in an effort to discredit the witness.Slide23

Common Objections

A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial

Irrelevant/Relevance-

the attorney’s question is not about the issues in the trial

Hearsay – the witness does not know the answer personally but heard it from anotherCalls for a conclusion/Opinion - the question asks for an opinion rather than factsLeading– during direct examination, the attorney’s question suggests a witness’s answer Law and Order Courtroom SceneWrite down 1 non-leading question and who is asking to whom.Write down 1 leading question and who is asking it to whom.Slide24

WitnessesSlide25

The “Expert” Witness

A witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialized knowledge in a particular field/subject.

Medical doctor

Medical examiner

Forensic specialistPsychologistSlide26

The “Expert” Witness

Can be hired by the defense or the prosecution.

Experts such as medical examiners typically work for the state and will therefore testify only on behalf of the prosecution.Slide27

The “Expert” Witness

Expert witnesses provide their “expert opinions,” which are considered more credible than the average witness’s testimony.

Expert opinions are based in education, training, skill, and experience in the field.

Expert witnesses can be influential if they can provide their testimony in language that is understandable by the average person/juror.

Don’t use expert “jargon”Slide28

Perjury

the willful act of swearing a false oath or of falsifying an affirmation to tell the truth, whether oral or written.

lying under oath

FELONY!Slide29

Perjury - Example

1998 – Bill Clinton was charged with perjury before a grand jury during his impeachment proceeding

lying about sexual relations with Monica Lewinski

Impeachment proceedings are conducted like a trial, with a Supreme Court Justice presiding as judge. The Prosecution and Defense present arguments.

The House voted to impeach Clinton, however the Senate must follow through with the conviction.The Senate voted to acquit Clinton of all charges (including perjury) and to not approve the impeachment.Slide30

Perjury – Example

2001 - rapper Lil' Kim witnessed a gunfight

outside

New York radio station

 over 2 dozen shots firedWhen a federal grand jury called Lil' Kim to testify, she claimed not to have noticed her manager and another member of her entourage at the scene.Security camera footage that showed one of the men in question actually holding a door open for Kim.2005 - convicted of 3 counts of perjury and 1 of conspiracy in connection to her fabricated testimony. Sentenced to 1year and a day in prison and a $5,000 fine. Served 10 months of the sentence at the Federal Detention Center in Philadelphia before being released.Slide31

Tips for Being a “Good” Witness

Tell the TRUTH

Think before you speak

Just talk about the facts, unless specifically asked for an opinion

If you don’t remember, then say “I don’t remember”If you don’t know, than say “I don’t know” Do not volunteer informationAnswer in complete sentencesWhen talking about conversation…Be certain that everyone understands when you are paraphrasing or when you are quoting.Never argue or express anger.Avoid humor and sarcasm – interpreted differently by different people.Stop speaking if you hear “objection!”There is no such thing as “off the record.”Slide32

Problems with Witnesses

Traumatic events and strong emotions can impair memory.

Time can distort memory.

The phrasing of questions in interrogations can falsely reconstruct memories.

Cross-racial identification is generally unreliable.What to look for as a witnessThe Problem with Eyewitnesses