...Running head: COURT OBSERVATION Park Peter Park Sacramento State University Professor Kubicek, Laurie CRJ 121 - Structure and Function of the American Courts 10 November 2015 1 Running head: COURT OBSERVATION Park 2 There is different behavior in which the United States' Criminal Justice System may be knowledgeable about each of its three-prongs of executive, judicial, and legislative parts. In particular, the judicial procedure can be particularly confusing and involve a wide assortment of encounters and sentiments as individuals are pushed through the framework once they are put into it. Customarily, individuals are very nearly in an exacting sense "pushed" through the framework as they regularly turn into an unimportant instrument moving down a transport line in a production line. The encounters of individuals who enter through the legal procedure may be effortlessly seen in the court by any onlooker. While as an onlooker, one is not getting the immediate experience of being a litigant or casualty, it is not hard to understand the emotions that get from court procedures by seeing them. The run of the mill sample of the production line like framework is most unmistakably seen amid arraignments. It is likewise where a lawyer will be formally informing the court that they are speaking to the litigant. While on the books it seems like a generally clear strategy, practically speaking, it is normally experienced to be perceptibly diverse. As...
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...Court Observation Report Prosecutor: Sgt. Glover, ID: GV117, Detachment: 488, Vancouver Police Department Vs. Dependant: Mr. Ma W. Yun File #: AH66110504 Vancouver Provincial Court Room 201 800 Hornby Street Vancouver, BC January 14th 2013 Start time 13:30 a.m. – Adjured 13:57 a.m. Summary of Facts Mr. Ma W. Yun was prosecuted for Trans-link ticket fraud. On November 8th 2012, Ma was caught boarding the sky strain at Broadway Station without purchasing a ticket. A police officer charged on Ma for failing to show a valid ticket. Plaintiff’s Argument The prosecution, Sgt. Glover, presented the crown case that Ma using public transit without producing the ticket when requested. Therefore, he suggested Ma to be fined. Defendant’s Argument Ma pleaded guilty with an explanation to the court that he was a student at Simon Fraser University. He had U-pass in his wallet, which he forgot at home. When he was caught, he told the officer that he forgot his wallet with the U-pass. He promised to present it and his identification to the officer within one hour. The officer took Ma’s information and let him go. Ma went home and came back with his wallet, identification, and U-pass showed to the officer. However, he was told that he still had to appear in court. In his argument, Ma mentioned to the Judge two facts which can suggest that he was not dishonest. That was at the time he was charged, he did not have any identification at all thus he did not lie the officer about his...
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...Court Observation On Monday I visited the District Court. This was my second attempt at visiting a court room; on my first trip I was told the judge did not have a docket for that day. A docket is defined as a calendar of cases awaiting action in a court. Jurisdiction is what gives the courts the power to hear and apply the law to certain types of cases. District Court has original jurisdiction for the following actions; all Traffic and Ordinance violations, all criminal misdemeanors, preliminary exams on felonies, small claims suits, civil lawsuits (amounts up to $25,000), and all contract disputes between tenants and landlords. When I arrived there were a lot of people waiting and I noticed signs posted on the court room doors that stated "Do not to enter until your name is called". Although I know court rooms are generally open to the public, I did not want to be intrusive so I waited patiently in the Traffic/Cashier line hoping someone would be able to assist me. Soon, someone escorted me into the court room. I looked around and tried to get familiar with the surrounding seeing as how this was my first time being in a court room. I quickly learned that the docket schedule to be heard were criminal and traffic cases. There were a few people waiting on the bench-seats, some by themselves and others with their attorneys and a few people sitting in the jury box with dark blue jail uniforms on. I took my seat, adjusted my eyes and ears, and began to feverishly take notes. ...
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...For my observation paper, I researched online for court cases and found a listing of numerous judges and cases in Franklin County, As a result, I went to the Franklin county common pleas court, and was able to retrieve contact information for the secretary of Judge Kimberly Cocroft. I contacted Secretary Racheal Cook by phone and left her a message. As one can imagine, a myriad of missed calls and phone tag resulted; however, she did leave me a voicemail stating her email address and said that it is the best way to get in contact with her. I sent her an email regarding my class assignment; she responded quickly to my email and gave me a list of dates I could come in, to observe court proceedings. I chose the first available date, which was...
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...The criminal cases seen in district court are different than the criminal cases seen in Superior or Supreme court, but can still give many individuals the insight to how the judicial branch of government works. After observing district court multiple times throughout the semester, I have learned many things about the legal system of Rhode Island and how a courtroom operates. It has helped show me what my possible career path could look like if I was to choose to go into this type of legal career. Even for those who only chose to observe the court one time could gain enough knowledge and information to understand about how our Judicial system works. State laws on many different issues vary all around the United States, but the way the Judicial...
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...state law. I don’t see a Tenth Amendment issue. I think the Tenth Amendment has no bearing on Congress’s ability to legislate in furtherance of the Treaty Power in Article II, § 2 of the Constitution. Congress has the authority to enact treaty-implementing legislation under the Necessary and Proper Clause, and the fact that they have chosen to codify the Chemical Weapons Convention does not pose a threat to national sovereignty or the principles of federalism. In my opinion, I believe the Supreme Court should honor the notion of stare decisis and uphold Missouri v. Holland. At first, I laughed when I read that Bond argues she used the chemicals for a “peaceful purpose.” But looking at the lower court’s opinion, her argument does not seem to be substantive, but rather procedural. From a substantive stand point, there is no logical way that Bond can argue she attempted to use the weapons “peacefully.” In terms of jurisdiction however, her argument makes slightly more sense. As the lower court noted: “Bond argues that, by looking to the ‘peaceful purpose’ exception, we can employ a ‘common sense interpretation of § 229’ that avoids ‘mak[ing] every malicious use of a household chemical’ — including her own — a federal offense. All we need do is ‘interpret the statute . . . to reach [only the kind of acts] that would violate the Convention if undertaken by a signatory state.’ In other words, as Bond sees it, the modifier ‘peaceful’ should be understood in contradistinction to ‘warlike...
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...contact the instructor by email within 12 hours of the missed examination. The failure to so contact the instructor will result in a grade of “0” for that examination. Examinations are scheduled as follows: Examination No. 1 February 25, 2013 Examination No. 2 April 8, 2013 Final Examination May 13, 2013 (10:15am –11:30am) Writing Assignment: You are to submit a paper based on your observation of a court proceeding. The paper must be a minimum of four pages in length. Papers that are not typewritten, double spaced and stapled will not be accepted. I will deduct for errors in grammar, punctuation and spelling. You are to attend, this semester, one of the following for a minimum of two hours: Municipal Court, Superior Court, U.S. District Court or Manhattan Criminal Court. You may not attend any other type of court (ie. Drug Court) without the instructor’s permission. Describe in your paper:...
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...Court Observation On Monday I visited the District Court. This was my second attempt at visiting a court room; on my first trip I was told the judge did not have a docket for that day. A docket is defined as a calendar of cases awaiting action in a court. Jurisdiction is what gives the courts the power to hear and apply the law to certain types of cases. District Court has original jurisdiction for the following actions; all Traffic and Ordinance violations, all criminal misdemeanors, preliminary exams on felonies, small claims suits, civil lawsuits (amounts up to $25,000), and all contract disputes between tenants and landlords. When I arrived there were a lot of people waiting and I noticed signs posted on the court room doors that stated "Do not to enter until your name is called". Although I know court rooms are generally open to the public, I did not want to be intrusive so I waited patiently in the Traffic/Cashier line hoping someone would be able to assist me. Soon, someone escorted me into the court room. I looked around and tried to get familiar with the surrounding seeing as how this was my first time being in a court room. I quickly learned that the docket schedule to be heard were criminal and traffic cases. There were a few people waiting on the bench-seats, some by themselves and others with their attorneys and a few people sitting in the jury box with dark blue jail uniforms on. I took my seat, adjusted my eyes and ears, and began to feverishly take notes...
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... PLC, specializing in complex civil litigation, medical malpractice and wrongful death actions with extensive trial experience. Judge Kumar graduated with distinction from the University of Michigan with a B.A. in psychology and the University of Detroit-Mercy School of Law. http://www.oakgov.com/circuit/judges/kumar-shalina-pro.html Def Attorney: David Rosenburg Pros: Brett Chudler (toughest case in 18 yrs) Charges: Found guilty on all counts 2 Counts assault with intent to murder or assault with intent to do great bodily harm. 3 counts of being in possession of a firearm while committing a felony. 1 count of being a felon in possession of a firearm. Jury: 14 members 8 female 2 black 10am Came into court and only the defendant and his attorneys where in court with 2 sheriffs deputies and Rosenburg was on his computer playing solitary while his co chair is talking about playing card games in college and some other random things while the client is just sitting there. Pros walks in and Rosenburg says they want to do closing statements because the rest of their subpoenaed witnesses did not show up. Shortly after the judge walks in; jury is not present Pros tells judge that the def att should tell his client he has the right to testify Def att wants to read special instructions to the jury about the possibility of there being a third person. The pros says there is no need since that was the basis of their case and the judge agrees with the pros. The jury is then called...
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...The civil case being presented on the day I went was Steven Sai v. Clyde Bates Jr. This case was being presented in the Regional Justice Center at 200 Lewis Avenue Department 4 Room 7D. Case number was 10E004896.The judge presiding over the case was Judge Melissa Saragosa. The nature of the case was a breach in a lease of a landlord/tenant contract. The plaintiff/landlord Steven Sai was not present in court. Lucille Santos was present acting as an agent for the landlord. The defendant/tenant Clyde Bates was present and he represented himself. The case was about how the tenant breached a covenant in his lease, such as the covenant to pay his rent. The landlord wanted the tenant evicted from the property. Also there was an issue on then the rent was due, which led to the first issue. Mr. Bates stated that there was an agreement that the rent was due every 15th of the month. Mrs. Santos stated on the behalf of Mr. Sai that no such agreement was made and rent is due every 1st of the month. The only reason Mr. Bates was able to pay the rent on the 15th was because he moved in after the month started, Dec. 5, 2009, and the rent was prorated. That was the only time he could have paid the rent on the 15th, from then on the rent was to be paid on the 1st Judge Saragosa reviewed the lease and found that rent was to be paid every 1st of the month. With Mr. Bates constantly being late with his payments, Mr. Sai wanted Mr. Bates evicted from the property immediately. Mrs. Santos stated...
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...On Friday, April, 4, 2014, I observed the Vanderburgh County Superior Court to observe different family law cases. The cases I heard involved contempt of court for failing to pay child support, failure to appear for a court appointed drug test, birth certificate affidavit, request for contest hearing time, and an issue of paternity case. Magistrate Judge Sheila M. Corcoran was presiding over the family court hearings. When entering the courthouse, I was greeted by security and advised to remove any cell phones, and/or, any other items that would trigger a metal detector. After this, I proceeded straight to look for the family courtroom. After roaming around mindlessly for a couple minutes, I decided to ask the courthouse officer monitoring the entrance with the metal detector to point me in the direction of the family courtroom. With no hesitation, she pointed me toward two big wooden doors. After entering the courtroom, I found a seat immediately. The waiting area was crowded. The persons awaiting their scheduled hearing time were dressed in mostly jeans. Each party, along with their attorney, arrive no later than 30 minutes prior to their scheduled hearing times. I imagined the courtroom would be bigger after visiting the Hamilton County court last year. To my surprise, this court room was much smaller. The judge was, of course, seated at the front of the courtroom, and to her right was the court reporter. I could not see the reporter’s face from where I was seated because...
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...I was in court on September 20th and observed a court hearing of a client who just turned eighteen and moved out of care without reporting it immediately to Child Protective Service or his Probation officer. I was asked to observe this emergency hearing because it has many agency interactions all at once. Today I observed court, the minor child recently turned 18 and decided to leave care, however, Child Protective Services still had custody and the minor is still on probation. CPS and the probation department were unaware that the client moved in with a family member. The family member brought the client to court, she talked with the probation officer about the rules she would impose on the client while he is leaving in her house. CPS case manager, the probation officer, and the client and his lawyer were present in the courtroom. CPS requested more time to get up to speed on the situation but said that he is 18 and they cannot force him to stay in care and that if he did not want to come back, they would terminate care. CPS offered him the chose to come back if he chose to do so. I did not know that a child could stay in care after turning 18. He decided that he did not...
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...Section One: During this observation I went to Providence Place Mall. To observe the woman, I went to Panera Bread and to observe the men I went to the food court. In Panera it was a lot quieter and calm, whereas the food court was more lively and loud. Also, the food court was seemingly a more relaxed setting. When observing the two woman they were eating their food. I noticed immediately that when there was a lag in the conversation, they were check their phones. I felt as though this was a defense to avoid this awkward silence in conversation and make themselves appear busier than they actually are. Also, when the conversation between the two lagged, they would look at the food they were about to eat for an extensive period of time. When...
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...An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have absolute knowledge on...
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...perceive about a person depends in part on their mannerisms and gestures. TRUE 4. Good observation skills come naturally to investigators. They do not need to be trained. FALSE 5. The first task of forensic scientists is to find, examine, and evaluate evidence from a crime scene. TRUE 6. The Innocence Project is an organization that seeks to get convicted killers out of prison. SKIP 7. Our emotional state influences our ability to see and hear what is happening around us. TRUE 8. If we remember seeing something happen, we can trust that is happened just as we think it did. FALSE 9. Through our senses of sight, taste, hearing, smell, and touch, we gather every single moment about what is around us. TRUE 10. Most wrongful convictions seem to be the result of faulty eye-witness testimony. TRUE MULTIPLE CHOICE Directions: Answer the following questions with the choice that best answers the question 1. One of the important tools of the forensic investigator is the ability to: (a) a. Observe, interpret and report observation clearly b. Observer assumptions clearly. c. Report assumptions clearly. d. None of the choices 2. Perception: (d) e. Is faulty. f. Is not always accurate. g. Does not always reflect reality. h. All of these choices 3. Criminal depends on the observation skills of all involved. Those involved include: (d) i. Police investigators. ...
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