It's drama on a scale most people never encounter. That's why there are so many television shows about it. But the real thing, the real people, are always much more interesting. Just go to the closest courthouse, pick a courtroom, walk in and observe. With some minor preparation you can get more out of the experience, and get a seat at the most interesting cases. The most serious cases, such as felonies and lawsuits, are heard in circuit courts. Before you go, check the docket, which is a listing of what cases will be heard, when and where. Many courts post theirs online. One could be in your area.
The courts also post their dockets in the lobby or outside the courtrooms. If you have questions, ask in the clerk's office. The docket also gives a code for the type of hearing. The most interesting usually are JURY, for jury trial; TRYL, for a plea before a judge; PLEA, for a guilty plea, and SENT, for a sentencing. Civil dockets show the parties involved, lawyers and type of hearing. It's harder to tell what kinds of cases are being heard. Most times, if two people with one last name are listed, it's a divorce proceeding.
In criminal cases, the prosecutor and defense lawyer get to speak; usually the prosecutor first. In a jury trial, the prosecutor will make an opening statement, an explanation of how he or she perceives the evidence and how it will be presented. The defense lawyer's opening statement outlines what he or she thinks are the holes in the evidence and any possible alibi. Then the lawyers question witnesses and present evidence. Again, the prosecution goes first. The defense lawyer may cross-examine - typically seeking inconsistencies that could lead jurors to think the witness is lying or wrong.
There are rules about what kinds of testimony and evidence may be used and how the lawyers may question witnesses. It's the judge who oversees how evidence is presented and instructs jurors on how to evidence is presented and instructs jurors on how to interpret the law. When lawyers object, the judge rules on whether the law permits the questions, testimony or evidence.
Finally, the lawyers make closing arguments. Prosecutors get to go twice- first and last, as they are the ones trying to prove their cases. In plea agreement, the prosecutor usually presents a summary of evidence that would be used to convict him. In guilty pleas and jury trials that lead to convictions, a defendant is usually sentenced at a later date. The judges' personalities set the tone in each courtroom. Some judges say little, some a lot. Judges sometimes use their turn to speak to chastise or lecture a defendant; sometimes they explain the thinking behind their rulings. Sometimes, they make a ruling and move on.
Published by Daniel Shin
Daniel might be one of the youngest content producers here in AC, at the age of 22. He loves to play sports and party but at the same time loves to write. View profile
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