Teen Attorney Information

Transcription

1 Teen Attorney Information Teen Court of Sarasota County, Inc. P.O. Box Sarasota, FL Tel: (941) Fax: (941) or website: Honorable Paul E. Logan, Judge, Sarasota STAFF: Kathleen Self Executive Director Nancy Chavers Administrative Assistant Heather Todd Client Coordinator Ann Jackson CLA/CP Tonia Miller Bookkeeper Education Facilitators: Heather Todd, Stephania Feltz, Steve Rinder & Susan Krinsk Developed by the Junior League of Sarasota, Inc.

2 Teen Attorney Introduction Teen Court s Teen Attorneys are the leaders and role models of our program. Therefore, it is important to understand the responsibilities and limitations of the Teen Attorneys. From the defendants stand point your responsibility is to present the facts of each case in a professional manner. To the judge you are responsible for following proper courtroom procedures. The jury needs you to clarify the details of each case, to explain the law, and to extract information from each defendant. You are obliged to respect your fellow volunteers, offering assistance to each other, and listening to what each teen attorney says. As a Teen Attorney it s important to understand that everyone is watching your involvement with Teen Court. You are an authority figure to which defendants, past and present, and their families turn to. This is a serious role and with that power must come RESPECT. Teen Court thanks you for your dedication to our program. We hope that your experience as a volunteer with us becomes a valuable resource in other areas of your lives. We always welcome your suggestions concerning Teen Court, or questions about the program. Please take some time to read over this manual. This manual should serve as a resource when questions about courtroom procedures arise. Return the notarized Teen Court Volunteer Agreement/Release form. Please observe two complete Teen Court sessions. Participate as a juror for two complete sessions before participating as an attorney. Abide by the dress code

3 Again, thank you for your participation. Dress Code Appearance is a direct indication of seriousness in the courtroom. Your attire should be neat conservative and professional or what is referred to as business attire. You are the leaders in the courtroom and your dress should reflect a noticeable notch above what is required of other participants. Men: Dress slacks with a belt (No cargo pants or jeans) Dress shirt tucked in with tie the waist Jackets encouraged No sandals, flip flops or tennis shoes Ladies: Dress, skirt (No more than 2 inches above the knee) or slacks Dress Blouse or Shirt (Tailored with sleeves) No sheer fabric or denim No exposed shoulders, cleavage or stomachs please If you need to tug on shirt/blouse it s to short No Capri s, gauchos, shorts or athletic clothing Closed Toed Shoes with backs We do not expect you to purchase a new wardrobe to be involved with Teen Court. However, the old saying Clothes Make the Man & Woman cannot be understated in the courtroom environment. If you need financial assistance with your wardrobe please do not hesitate to contact the Teen Court office at Scholarship Information: Since 1990, the Board of Directors of Teen Court of Sarasota, Inc. has taken great pleasure in awarding Teen Court Merit Scholarships to deserving Teen Court volunteers. A golf tournament sponsored by FCCI Insurance Group, in conjunction with the Sarasota County Bar Association, provides funding for the scholarships. The criteria for consideration of this honor are exemplary participation at all times, in addition to the following: Regular attendance Advise the office when you are unable to attend by or phone Attention to the program rules including, but not limited to, a respectful demeanor toward all participants and adhering to the dress code. Work cooperatively and respectfully within a group. Show a genuine and sincere concern for the at risk youth with whom you will come into contact.

4 Be a law-abiding citizen. Present a respectful and professional attitude at all times. REFERRALS HOW DO THE DEFENDANTS GET REFERRED TO TEEN COURT? Law Enforcement Officer: Any officer can send a misdemeanor case directly to Teen Court by checking the Teen Court Referral box on the police report (PCA). The juvenile must have admitted guilt to the charge at the time of the incident. Successful completion of all sanctions results in a record of a dismissed charge in the state delinquency computer system and the disposition is the same as not guilty. Failure to complete Teen Court results in a referral to the Department of Juvenile Justice (DJJ) and the State Attorney, which can result in a juvenile court conviction of guilt. Department of Juvenile Justice (DJJ): This is a state agency that manages all cases referred into the juvenile justice system. Their case managers can refer the case to Teen Court for sanctioning. Successful completion will result in a record of diversion in the state computer network. School Administration Referrals: Any school administrator may refer a case to Teen Court on a school disciplinary action form. They usually shorten a suspension from school or eliminate suspension altogether once the family agrees to Teen Court. Failure to successfully complete the requirements of Teen Court results in suspension from school. Traffic Court: A traffic court judge may refer a minor to Teen Court during a court appearance. The judge often waives the court costs of approximately $135. Failure to finish Teen Court sanctions will result in a D-6 (suspension) of the license until the sanctions are finished. Juvenile Court: The juvenile court judge may refer more serious offenses to Teen Court at the time the juvenile appears in that court. Teen Court staff members become the supervisors of these cases. Offenders must pay whatever restitution is ordered and if they do not successfully complete the sanctions rendered by the peer jury, they are referred back to the juvenile court judge. These cases automatically will receive a classification of C or D which means they will receive at least 24 hours of community service work. Example of Offenses: Retail Theft or Petit Theft Carrying A Concealed Weapon Burglary Driving w/o License Loitering & Prowling Arson Throwing A Deadly Missile Animal Abuse Trespass Harassing Phone Calls False Report to Officer Battery Poss. Marijuana/Paraphernalia Obstruction of Justice Smoking Resisting w/o Violence Criminal Mischief Grand Theft

5 Vandalism/Property Damage Disorderly Conduct/Fighting Dealing in Stolen Property Culpable Negligence Reading & Dividing Cases Teen Attorneys are given a docket for the cases that will be presented on any given night. The cases are read, discussed and rated. Cases are then divided up into prosecution and defense by seniority of involvement and then seniority of age. Please do not work or participate in rating a case when you know the defendant. If you have a question about whether or not you should be working on a case, please see a Teen Court staff member. MEETING THE DEFENDANT & PARENTS/GUARDIANS This can be a trying time for the defendant and parents/guardians. Most young people who appear in Teen Court are experiencing court for the first time. You are the first young person to meet them. Introduce yourself and your counsel, not only to the defendant but also to the family. Shake hands with all of them and make them feel welcome. Explain that you are taking the defendant to go over a few things with them before your court presentation. When you return, see if the parents have questions. Do not hesitate to ask for assistance from any Teen Court staff member. Remember you are an important part of what makes Teen Court successful. You are a peer helping a peer get through a difficult situation. INTERVIEWING DEFENDANTS The defense teen attorney(s) meet with the defendant to go over the case, explain what it was rated and the approach they will be taking. You should be ready to begin interviewing no later than 5:30 on Teen Court night. COURTROOM ETIQUETTE The history of the courtroom is built on RESPECT. Respect your surroundings Respect your fellow attorneys, clients and family members Refrain from sitting on furniture or putting your feet on the furniture Refrain from using profanity of any kind in and around the courthouse Be willing to work as a team and help the other teen attorneys Respect the room/space when another attorney is conducting his or her interview CASE PRESENTATION ALWAYS STAND when you are addressing the Judge/Presiding Attorney ALWAYS INTRODUCE yourself and WHOM YOU REPRESENT ALWAYS RISE when the jury enters and exits the courtroom and when the verdict is read ADDRESS the jury respectfully; i.e. Ladies and Gentlemen of the Jury Think about how the jury will react to the defendant DO NOT discuss the case presentation and/ or verdict in the hall or public area Wish the client/defendant Good Luck Do not speak to the jury members about the case Always address and maintain eye contact with the jury, judge, or defendant Do not sound sarcastic, demeaning or aggressive Let the defendant speak; you are not the witness, the defendant is

6 BE PREPARED OPENING STATEMENT The Opening Statement informs the jury what the defense and prosecuting attorneys expect the evidence will be. This is a time for introductions, laying the groundwork for testimony, and establishing a rhythm or sequence for the rest of the case. First impressions are critical, and are evident in appearance, speech and demeanor. DO Tell just enough of the story to keep the jury s attention Arrange the statement in a logical, easy to follow order Speak sincerely, honestly, confidently and firmly Speak to the jury in clear terms Introduce yourself and whom you represent, either the defendant or the State of Florida Only introduce information that you will prove in the questioning Explain the charge and any technicalities that the jury needs to know DON T Do not serve as counsel or vote in the ratings if you know the defendant Do not argue to the jury Do not speculate on what the defendant might say Do not belittle the jury or defendant Do not present your personal opinions Do not tell the jury this should not have come to Teen Court or the charge is ridiculous in any way

7 Direct Examination The direct examination is the series of questions asked by the defense attorney of any witness he calls. In Teen Court, the defense always calls one witness, the defendant. The purpose of this portion of the hearing is to let the defendant speak about what crime he has committed, what extenuating circumstances may exist, and how he has taken responsibility for his actions. Make sure that the defendant speaks loud enough to be heard by everyone in the courtroom. You should have already met with the defendant to discuss the case before entering the courtroom. This is the time to introduce yourself to the defendant and his family to ask the defendant any questions relating to the case. Let the defendant know how important honesty is on the stand and answer any questions he may have. QUESTIONS Only ask questions to which you already know the answers. You should know the answers to your questions from information gathered during the defendant interview. Ask only non-leading questions. The direct examination is about letting the defendant speak. The defendant is on trial, not the attorney. Try not to ask yes/no questions. These questions are generally leading. Leading questions are worded in such a way as to suggest the answer. Rather than asking, Do you feel sorry for what you have done? ask, How do you feel about what you have done? The defendant is forced to explain himself rather than provide a one-word answer. This will sound more sincere. Arrange questions in a simple chronological order. Make sure the jury understands the defendant. Do not bring up facts that have nothing to do with the case or that the jury will not understand. For example, if the defendant testifies that he is involved with the Humane Society, make sure the jury understands what the defendant does, what the Humane Society is, and that this is volunteer work. Speak as little as possible. Questions should be short and direct. Example: Who was there? and Where did this happen? Not: Who else was involved with this incident and You all met at one of your friend s houses, right?

8 Do not confuse the defendant. Only ask questions that you are sure the defendant can answer. CROSS EXAMINATION The Cross Examination is a series of questions asked by the prosecuting attorney of the witness, or defendant. The prosecution seeks to challenge the defendants testimony (if appropriate) to emphasize the severity of the defendant s actions, and to question the defendants statements of remorse if they are insincere. The prosecutor develops the case with leading questions, seeking yes or no answers. QUESTIONS Only ask questions to which you know the answer. Example: Do not ask, A No Trespassing sign was clearly posted at the site, wasn t it? if the defendant has the opportunity to answer No. Never be sarcastic. Stop when you have accomplished your goal. Not every detail needs to be covered. Ask one question at a time and each question only once. Do not let the witness tell his story over again. Information from the direct examination should not be repeated unless necessary. Do not expect the witness to admit to lying in the direct examination. If there are inconsistencies bring them up in the closing argument only. Otherwise, the defendant may have a chance to explain and change his story again. Do not argue with or confuse the defendant. Only ask questions to bolster the State s case. Asking about the defendant s punishment only helps the Defense. Hold the eye of the defendant. Be nice to the defendant. It is your responsibility to bring out the truth, not to defame the defendant.

9 REDIRECT/RECROSS After direct examination and cross-examination, the defense attorney has the option to redirect the defendant. This is the opportunity for the defense attorney to ask questions about testimony in the cross-examination. The questions asked in the re-direct must relate to the testimony of the cross-examination. Use this questioning period to clarify issues brought up in the cross-examination. The redirect is not the time to ask questions you may have forgotten to ask during the direct examination, unless such questions relate to the cross-examination. As in the direct examination, leading questions are not allowed. If the defense attorney chooses to redirect the defendant, then the prosecution may also have the option to recross the defendant. The judge decides whether a recross examination will be heard. Just as the redirect must relate to the cross-examination, so must the recross relate to the redirect. Only ask questions that relate to testimony brought up in the direct. Do not ask the same question over again. OBJECTIONS There are many rules that govern attorneys conduct and questions in the courtroom. When one of these rules is broken, it is often appropriate to make an objection. There are rules governing objections, too. Objections protect the defendant from harassment and unfair tactics, and protect the prosecution from the defendant s presentation of inadmissible evidence. Object as soon as you hear the objectionable questions. Stand up quickly and quietly. State the objection firmly in a loud voice. Do not wait for the defendant to finish answering before objection. State your objection like this: Objection, your honor. The prosecution/defense is Do not be dramatic about standing up or voicing your objection. Make a specific objection such as leading or asked and answered. Do not object without indicating what the objection is. Do not argue with the opposing counsel. If necessary, the judge will request an explanation as to what you are objecting. If the objection is overruled, do not argue with the judge. If the objection is sustained, do not thank the judge.

10 There are some reasons when you may not want to object, to even if the opposing counsel asks objectionable questions: Repeated objections disrupt the flow of the trial and reduce the credibility of the attorney who repeatedly objects. Objecting may highlight material that you want the jury to overlook, rather than making it go away. The defendant is offering testimony that will actually help your case. OBJECTIONS Ambiguous and/or Unintelligible Defendant and or counsel cannot figure out what the question means Argumentative The attorneys may not argue to the jury during opening statements Asked and Answered The same question may not be asked and answered by the same attorney and witness more than once. Beyond the Scope of the Direct/Re-direct/Cross-examination Re-direct examinations must relate only to cross examination, while re-cross examinations must relate only to the re-direct. No new material may be covered after the direct examination. Compound Question Forces the defendant to answer more than one question at a time, whether or not he means to. Facts Not In Evidence Traps defendant into affirming the truth of an assumed fact, without his meaning to do so; ex. Do you know? and Have you heard? questions Golden Rule The attorneys may not put the jury in the place of the defendant with statements, such as Imagine if you were this defendant or Send a message. Hearsay The defendant is testifying based on what he heard someone else say as truth for the matter asserted. Note that there are many exceptions to this rule so that hearsay is not always objectionable Irrelevant All testimony must relate directly to the case at hand Improper Impeachment Irrelevant prior bad acts/crime of the defendant may not be brought out in court Leading The defense attorney cannot lead the defendant by asking yes/no questions or questions with the answer already in them; Ex. that s when you saw the officer, right?

11 Misstatement of the Facts The attorney s question misstates facts already in evidence. Speculation Defendant is asked to just guess at the answer. CLOSING ARGUMENTS As a representative of the State, the prosecutor has specific responsibilities. The prosecutor must argue the case. He/She may discuss evidence, the defendant, and the defendant s credibility. He/She may discuss the duties of the jury, the importance of the case, and anything else that is relevant. However, the prosecution must not express personal beliefs as to the guilt of the defendant. The prosecutor may not act as a juror, witness, or mentor. The prosecutor should make a recommendation to the jury that is appropriate and in the state s interest. In his/her closing argument the defense attorney points out weaknesses in the prosecution s case. Since the defense goes last, be sure to cover potentially damaging statements made by the prosecution. Highlight the positive aspects of the defendant s testimony including important extenuating punishment, community activity, and character. You should make a recommendation to the jury that is appropriate and in the defendant s best interest. As in the opening statement, speak confidently and loudly, do not shout. Do not sound sarcastic, especially when remarking on the credibility of the defendant Do not rely on facts not brought up during questioning. Do not introduce new evidence during the closing argument. Do not remark on the opposing counsel s personality. Respond to each topic introduced during your opening statement. Be respectful while listening to the opposing counsel s testimony. After the jury has reached a verdict and the participating parties re-enter the courtroom, remember that the level of seriousness maintained during the trial should resume. Stay in the courtroom until specifically dismissed by the judge. Defense counsel should rise with the defendant as the verdict is read. Take some time to talk with the defendant and his/her family after the case. In the following weeks talk with the defendants with whom you worked. Check on their progress and offer to answer questions they might have about Teen Court. Do not talk about the case, especially not in front of the defendant and his/her family once the verdict is read. Remember that winning in Teen Court is helping the defendant understand what acceptable behavior is, not getting what you want from the jury.

12 DEGREES OF CRIMES FELONY Capital Felony Punishable by death. The minimum sentence is life in prison. Ex.: Premeditated murder Life Felony Punishable by life in prison. The maximum sentence is life in prison. Ex.: Rape/Great Force Used First Degree Felony Punishable by a maximum of 30 years and/or $10,000 fine. Second Degree Felony Punishable by a maximum of 15 years and/or $10,000 fine. Ex.: Aggravated Battery Third Degree Felony Punishable by a maximum of 5 years and/or $5, fine. Ex.: Sale of a small amount of marijuana MISDEMEANOR First Degree Misdemeanor Punishable by a maximum of 1 year in the county jail and/or $1, fine. Ex.: Possession of less than 20g. of marijuana Juvenile First Conviction Mandatory Loss of Driver s License for 6 months. *(Adult s first convection - Loss of Drivers License for 2 years) Second Degree Misdemeanor Punishable by 60 days in the county jail and/or $ fine. Ex.: Petit Theft (First Offense)

13 GLOSSARY Advocate 1) To speak in favor of or defend by argument; 2) To support, vindicate, or recommend publicly Alias Another name; Fictitious Ambiguous 1) Liable to more than one interpretation; 2) Uncertain or indefinite Arrest To take a person into custody for the purpose of holding or detaining him to answer a criminal charge or civil demand Arson Intentional destruction of another s property by fire Assault Any willful attempt or threat to inflict injury upon the person of another Assault, Aggravated Assault with deadly weapon or intent to kill Battery Unlawful touching of another person Battery, Aggravated Battery with deadly weapon or causing great bodily harm Burglary Entering a structure (house, car, boat, etc.) with intent to commit a crime inside). Also known as Breaking & Entering Confidential 1) Communicated or effected secretly; 2) Entrusted with the confidence of another Crime An offense against the state Cumulative Enlarging or increasing by successive addition Defendant Criminal party charged with a crime

14 Defense 1) Something that defends or protects; 2) An argument in support of or justification; 3) The action of the defendant in opposition to complaints against him or her Deliberation 1) Formal discussion and debate of all sides of an issue; 2) Thoughtfulness in action or decision; 3) Careful and thorough in deciding or determining Demeanor The way in which one behaves or conducts oneself Distortion A factual misrepresentation Evidence The data on which a conclusion or judgement may be based; 2) The documentary or verbal statements and material objects Felony A serious crime punishable by more than a year in prison Hypothetical 1) To suppose an explanation accounting for a set of facts that can be tested by further investigation; 2) Something considered to be true for the purpose of investigation or argument Impeach To challenge or discredit Imply 1) To involve or suggest by logical necessity; 2) To say or express indirectly Inadmissible Not admissible. Objectionable Irrelevant Having no applications or effects in a specified circumstance Judge 1) A public official authorized to hear and decide cases brought before a court of law; 2) To act or decide as a judge Juvenile A person under the age of eighteen Law Formal means of social control Miranda A person s legal right against self-incrimination (not to be a witness against himself/herself) Misdemeanor A minor crime punishable by a year or less in jail Offense 1) A violation of law: crime; 2) A breach of a social or moral code

15 Omission 1) An act or instance of omitting; 2) Something left out or neglected Overruled A court denial of a motion or point raised to the Court such as in overruling an objection Probable Cause Facts based on reasonable cause, more than suspicion Prosecute 1) To initiate legal or criminal court action against; 2) To seek to enforce or obtain by legal action; 3) To initiate and conduct legal proceedings Robbery Stealing from a person by force or violence Sentence 1) A judicial decision; 2) The penalty Imposed; 3) An opinion, especially a formal one made after deliberation Speculation 1) The act of speculating; 2) Profound contemplation; 3) An opinion, theory, or conclusion reached by speculating Summation A concluding statement containing a summary of principal points Sustained To support; to approve; to adequately maintain (e.g.. the Judge sustained the objection because he found it to be true) Testimony 1) A declaration or affirmation of truth or fact, as that given before a court; 2) Evidence in support of a fact or assertion, proof; 3) The collective written and spoken testimony offered in a legal case Theft, Grand Stealing from a person, business, or entity ($300 value or more) (Grand Larceny) Theft, Petit Stealing from a person, business or entity (less than $300 value) (Petit Larceny) Trespass Entering someone s property without permission Vandalism Willful destruction of another s property (Criminal Mischief) Warrant A court order to arrest a person or search a place

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