demystifying the courthouse

DEMYSTIFYING THE COURTHOUSE

Tips for covering civil and criminal trials

Texas Center for Community Journalism workshop

May 26, 2011

Linda P. Campbell

THE IDEAL 

http://www.americanrhetoric.com/MovieSpeeches/moviespeechtokillamockingbird.html

http://www.youtube.com/watch?v=k8TgqenWW0I

THE REALITYMost lawyers aren’t Atticus Finch

Most cases don’t have chiffarobe moments

Trials are dramas in three acts

BASIC TRUTHSCourt clerks and coordinators are your best friends

Read everything in the court file

CRIMINAL CASES• Try to do research well before trial

• Read the file

• Watch for pretrial hearings

PUBLIC ACCESS

Trials are public assemblies and presumed open

Very limited portions, such as a rape victim’s testimony, can be closed for good reason.

Court records are presumed open, though they aren’t subject to the Texas Public Information Act.

Judges must have compelling reasons to issue gag orders

BEFORE TRIAL

Pretrial hearings could determine;Whether a confession is admissible

Whether controversial testimony is excluded

Whether some charges are dropped

Whether a juvenile is tried as an adult

Whether a trial will be moved or delayed, parts might be closed or parties will be gagged

JURY SELECTION

Lawyers lay out the case

Chance to find out jurors’ names, occupations, etc. – Ask for juror cards

Ask judge for jury questionnaire, if used

Jurors can’t be excluded for reasons of race, gender or religion

DO NOT try to contact jurors before trial ends

OPENING STATEMENTS

Lawyers for both sides lay out their view of the case, what they plan to present to the jury, what they expect the evidence to show

Take note of key elements. Try to keep track during the trial to see if they present what they said they would, or if key pieces are missing.

EVIDENCE/WITNESSES

Ask lawyers beforehand or during breaks about witness lineup so you’ll know when key elements are expected.

If you want to look at exhibits, ask judge during breaks or at the end of the day.

Ask lawyers for copies of new documents/motions filed during the trial

SIFTING THE EVIDENCE

What testimony pointed to the defendants guilt?

What evidence created reasonable doubt?

What testimony drew visible juror reactions

What was not presented that lawyers said would be?

Whose testimony was called into question effectively?

BURDEN OF PROOF

Prosecution bears the burden of proof

Defense doesn’t have to present witnesses or evidence, just persuade jurors that prosecution haven’t proven its case beyond a reasonable doubt

Defendant doesn’t have to testify. That is not to be taken as proof of anything, positive or negative.

CLOSING STATEMENTS

Listen to see whether lawyers make same key points as opening, and whether they proved those

points

JURY DELIBERATIONS/VERDICT

If you can’t hang around for the jury, ask lawyers or court clerk to alert you when the jury finishes

There’s usually a short time before the verdict is formally announced

Watch for victim impact statements

Jurors might talk afterward but don’t have to

Ask for verdict form

DEATH PENALTY CASES

After a guilt/innocence verdict, a separate sentencing hearing is held

FEDERAL CASES• After guilt/innocence verdict, judge sets a

sentencing date

• Sentencing is always by judge

CIVIL CASES• Read the file

• Talk to lawyers and parties before trial

PETITION/CASE FILINGS

Look for details in the Original Petition and and Amended Petitions

Defendants’ Answers usually are boilerplate

Look for depositions and answers to interrogatories, medical records, affidavits, financial records

Once trial has started, it’s harder to get access to case file

TRIAL PROCEEDINGS

Jury selection

Opening statements

Witnesses/testimony

Exhibits

Watch for amount of money at stake

Closing Statements

Jury deliberations

SIFTING THE EVIDENCE

What is the plaintiff’s key claim? How is he/she going to establish harm?

What records either prove or refute the claim?

Is there emotional testimony? How did jury react? How credible were the experts?

Are there definitive documents? Or is the case mostly based on perception/opinion?

Is there a money trail?

VERDICT

Standard of proof is preponderance of the evidence, i.e., more likely than not

Verdict can be 10-2, unlike criminal case, which must be unanimous

Ask for verdict form, which has questions jurors had to answer

Punitive damages require separate hearing

Civil jurors usually more willing to talk after

THE STORY LINE• Find the drama:

• Who was harmed?

• How much is the damage worth?

• Who can readers relate to and why?

FAMILY LAW CASES

• Divorce hearings often are open

• Look for dispute s over property and children

• Watch for judges’ demeanor, sensitivity

APPEALS

Trial wins could be meaningless if tossed out on appeal, either at the intermediate appeal court or high court

Death penalty appeals are mandatory and go straight to Texas Court of Criminal Appeals

In civil context, an appeals court might uphold the jury verdict but reduce damage award