COURT WATCH REPORT. 4) Date/Time of Observation: October 2, 2008 from 2:00-4:00 pm. 8) Assistant District Attorney: Pamela Prosecutor

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1 SAMPLE COURT WATCH REPORT (This sample report is based upon several real cases, but the names, dates and many details are fictitious) COURT WATCH REPORT 1) Student Name: 2) CRJ Prof. Cable Section # CC1 3) Date Turned In: November 13, ) Date/Time of Observation: October 2, 2008 from 2:00-4:00 pm. 5) Court: Monroe County Court 6) Case Name: People v. David Defendant 7) Presiding Judge: Hon. Gerald Judge 8) Assistant District Attorney: Pamela Prosecutor 9) Defense Attorney: Larry Litigator 10) Charges: Criminal possession of a weapon in the second degree (two counts) Criminal possession of a weapon in the third degree (four counts) Attempted criminal possession of a weapon third degree (one count) Criminal possession of a weapon in the fourth degree (two counts) 11) Proceeding Observed: Jury trial

2 Court Watch Report p. 2 1) Describe the type of proceedings that you observed. Be as specific as possible. I observed the direct examination and cross examination of the prosecution s last witness, Investigator Sam Malone of the Rochester Police Department. Investigator Malone testified about his interview of the defendant and the statement that Mr. Defendant gave regarding the offenses in question. I also observed defense counsel s motion for a trial order of dismissal and a discussion among the judge and the attorneys regarding the instructions to be given to the jury before they deliberated. 2) Describe the courtroom environment. Was it the way you expected it to be? Explain how it did or did not meet your expectations. The courtroom was very small, much smaller and less impressive than I expected. I ended up sitting next to the defendant s family, which made me a little uncomfortable. This was especially the case because there were no other spectators in the room. The prosecutor had a large cart filled with physical evidence in plastic and paper bags. It took up a lot of the limited space. 3) Describe your impressions of the presiding judge - his/her appearance, demeanor, job performance etc. Give specific examples to support your impressions. The judge appeared to have things well under control in his courtroom and kept the proceedings moving forward efficiently. He spoke clearly and distinctly so that everyone in the courtroom could hear. However, he displayed some impatience in his comments and facial expressions when the defense attorney,

3 Court Watch Report p. 3 Mr. Litigator, fumbled about during cross-examination. His frustration was understandable, but it seemed inappropriate for the judge to display such emotions in front of the jury. 4) Describe your impressions of the prosecutor his/her appearance, demeanor, job performance, etc. Give specific examples to support your impressions. The prosecutor provided a big contrast to the defense attorney. She was very confident and brusque, almost to the point of rudeness. She did not shuffle papers or take long pauses during questioning to consult her notes. She simply asked questions in a very direct, concise way. Ms. Prosecutor looked very professional in a conservative dark suit and low heels. Her appearance in no way detracted from her performance. 5) Describe your impressions of the defense attorney his/her appearance, demeanor, job performance, etc. Give specific examples to support your impressions. I was, quite frankly, very unimpressed with Mr. Litigator. He appeared disorganized and unsure of himself. He spent a lot of time shuffling papers between questions, which caused everyone (himself included) to lose the focus of the questioning. He spoke in a monotone and so low that I had to strain to hear him. Mr. Litigator s appearance also was a distraction. His suit did not fit him well, and in my opinion, he needed a haircut. His rumpled appearance underscored the impression that he was not very professional.

4 Court Watch Report p. 4 Mr. Litigator was very respectful towards the police investigator during cross-examination. I found this to be odd, since I thought that usually a defense attorney will be rude to the prosecutor s witnesses. There was a second attorney sitting with Mr. Litigator at the defense table. I did not learn his name, because he sat in his chair without saying a word and ate sunflower seeds the whole time. I thought this was very odd and inappropriate behavior for an attorney in a courtroom. 6) If you observed a jury trial, describe your impressions of the jury. Include any comments you may have about the makeup of the jury (age, gender, race, ethnicity) and their appearance and behavior during the trial. Give specific examples to support your impressions. The jury consisted of seven men and five women. I was surprised that the jurors all appeared to be older Caucasians, since the defendant was at most thirty years old and African American. It hardly seemed like a jury of Mr. Defendant s peers. However, they did appear to be attentive and interested in the case, which I was relieved to see. I once observed a trial where a juror fell asleep during the testimony of a key witness! The jury was excused from the courtroom after Investigator Malone finished his testimony. I could hear the jurors talking loudly and laughing while they were in the jury room. I found it interesting, and comforting at the same time, that the jurors were making the best of the difficult situation they were put in.

5 Court Watch Report p. 5 7) Describe any observations you made about the other courtroom observers and court personnel (security, court reporter, clerk, etc.). Deputy Deaver (a baliff for the court) was extremely helpful. He explained the nature of the case and provided me with a copy of the docket listing the name of the case, the names of the attorneys, and the charges. 8) Include here any other observations (not covered above) that left a strong impression on you. Include specific anecdotes if applicable. I was pleasantly surprised to hear Inv. Malone testify about how he advised Mr. Defendant of his Miranda rights and about his subsequent waiver, and I also heard some discussion about Rosario material that I recognized from CRJ 207 with Prof. Pogue. It was reassuring to hear something familiar from my studies at MCC. On the other hand, there was an extended discussion about circumstantial evidence that I found confusing and that I could not follow at all. 9) What did you learn from this experience about the court process? This court watch reinforced my impression from a previous experience that a lot of what goes on in the courtroom is extremely boring. I think that I was left with that impression in part because the defense attorney's cross-examination was so lackluster. Even he seemed to lose interest in what he was doing! I found it surprising that Mr. Defendant chose to go to trial, when he had confessed to the police. I wondered if perhaps (as we discussed in class) he decided to take his chances at trial, even though he had little chance of winning, simply because the D.A. did not offer a reasonable plea bargain.