professor ann murphy, distinguished chair, fulbright professor of law and gonzaga university school...
TRANSCRIPT
CENTRAL UNIVERSITY OF FINANCE AND ECONOMICS
PROFESSOR ANN MURPHY,DISTINGUISHED CHAIR,
FULBRIGHT PROFESSOR OF LAWand Gonzaga University School of Law
Thank you for inviting me to speak at your University!!
ELEMENTS OF A TRIAL IN THE UNITED STATES
After law school I began working for the Internal Revenue Service
in San Francisco, California
I was a trial attorney and practiced law in the United States Tax Court
After fifteen years as a practicing tax attorney, I decided to teach law
I began teaching at Gonzaga University School of Law in the
year 2000
Gonzaga University is in Washington state - the “other Washington” – it is
not Washington, DC
In the academic year 2007-2008 I was a Fulbright Professor at the
Central University of Finance and Economics in Beijing!
I am incredibly fortunate to have received another Fulbright grant
I teach at Shanghai University of Finance and Economics for the 2014-2015 academic year
The Fulbright Program supports educational exchanges that strengthen understanding and communication between the United States and over 140 countries.
FULBRIGHT PROGRAM
EITHER A DISPUTE BETWEEN TWO PRIVATE PARTIES (OR A DISPUTE WITH THE GOVERNMENT) – A CIVIL CASE
OR
A CRIME HAS OR HAS NOT BEEN COMMITTED BY THIS PERSON OR BY SOMEONE ELSE – A CRIMINAL CASE
AT WHAT POINT DO YOU HAVE A TRIAL?
Not the same as the Civil Law System
Case begins with a “complaint” or a “petition”
For example:◦ Murphy v. Beyoncé Giselle Knowles-Carter- I file a
complaint in the U.S. District Court for the Eastern District of Washington (a federal court) and in my complaint, I allege that Beyonce stole a song that I wrote. She called it “All the Single Ladies” but I called it “Put a Ring on It”
◦ I request a jury trial, and damages in the amount of $23 million.
CIVIL CASE
EITHER THE FEDERAL GOVERNMENT OR A STATE GOVERNMENT ACCUSES A PERSON OF COMMITTING A CRIME
THE PERSON MAY BE CHARGED, INDICTED, OR THE SUBJECT OF AN “INFORMATION”
CRIMINAL CASE
Who is this person?
Trafficviolation
THE RIGHT TO:
◦ KNOW THE CHARGES AGAINST YOU◦ A JURY TRIAL◦ A SPEEDY TRIAL◦ COMPEL A WITNESS OR OTHER PERSON TO APPEAR◦ CONFRONT THOSE WHO ACCUSE YOU◦ REFUSE TO TESTIFY◦ AN INDICTMENT FOR CAPITAL AND “INFAMOUS”
CHARGES◦ A PUBLIC TRIAL◦ BE RESPRESENTED BY AN ATTORNEY◦ BE FREE FROM CRUEL AND UNUSUAL PUNISHMENTS
CONSTITUTIONAL GUARANTEES IN CRIMINAL CASES
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury
U.S. CONSTITUTION – 5TH AMENDMENT
A CHARGE OR CHARGES BROUGHT BY A GRAND JURY
WHAT IS AN INDICTMENT?
The petit jury listens to the evidence offered by the prosecution and the defense (if it chooses to offer any) during a criminal trial and returns a verdict of guilty or not guilty
NOT A PETIT (TRIAL) JURY
The grand jury, on the other hand, does not determine guilt or innocence, but only whether there is probable cause to believe that a crime was committed and that a specific person or persons committed it. If so, then it will prepare a written statement of the charges (called an “indictment).” They meet in secret.
A GRAND JURY
Only after that willa Defendant be triedin a court
The grand jury normally hears only that evidence presented by an attorney for the government. The grand jury must determine from this evidence whether a person should be tried for a serious federal crime
GENERALLY
Federal law requires that a grand jury be selected at random from a fair cross section of the community
Generally selected from voter registration lists or driver’s license lists
BETWEEN 16 AND 23 MEMBERS
WHO IS ON A GJ?
Chief Judge Wachtler: district attorneys now have so much influence on grand juries that "by and large" they could get them to "indict a ham sandwich."
IS IT EASY TO GET AN INDICTMENT?
CONFLICT OF INTEREST?
THE ERIC GARNER CASE
FOR EXAMPLE: JARED LEE LOUGHNER
THERE MAY BE BOTH FEDERAL AND STATE CHARGES
The Defendant agrees to plead guilty to a lesser charge or to the actual charge in exchange for a promise of the prosecutor (United States Attorney (federal case) or District Attorney (state case))
The Judge does not have to accept the plea bargain, but almost always
does so
◦ In a civil case this is called a settlement
PLEA BARGAIN
97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence.
HOW MANY CASES END IN A PLEA BARGAIN OR A SETTLEMENT?
Dallas Maverick Raymond Felton
Felton pleaded guilty to attempted criminal possession of a weapon and criminal possession of a firearm.
SETTLEMENT
IN 2012, LESS THAN 2% OF FEDERAL CIVILCASES WENT TO TRIAL
JURY TRIAL, or
BENCH TRIAL
JURY SELECTION
FEDERAL CIVIL CASE – six to twelve jurors
◦ Standard – Preponderance of the Evidence (51%)
FEDERAL CRIMINAL CASE – twelve jurors- must be unanimous
◦ Standard – Beyond a Reasonable Doubt
OPENING STATEMENTS
“The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative.”
Tell the jury what to expect
PLAINTIFF’S CASE PRESENTATION
PARTY WITH BURDEN OF PROOF ALWAYS GOES FIRST
PLAINTIFF CALLS HIS/HER/ITS WITNESSES – DIRECT EXAMINATION
DEFENDANT CROSS-EXAMINES
DEFENDANT PRESENTS ITS CASE
DEFENDANT CALLS ALL OF HIS/HER/ITS WITNESSES
DIRECT EXAMINATION BY THE DEFENSE CROSS-EXAMINATION BY THE PLAINTIFF
PLAINTIFF’S REBUTTAL CASE
PLAINTIFF MAY CALL “REBUTTAL WITNESSES”
PLAINTIFF DIRECT EXAMINATION DEFENSE CROSS EXAMINATION
CLOSING ARGUMENTS
“Only after the jury has seen and heard the factual evidence of the case are the parties allowed to try to persuade them about its overall significance. Closing arguments are the opportunity for each party to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to their position”
JUDGE GIVES JURY INSTRUCTIONS
Example: George Zimmerman trial
https://www.youtube.com/watch?v=wPmFPzioniU
JURY DELIBERATIONS
THE VERDICT
Example:
https://www.youtube.com/watch?v=6IIDJshJE3E (it may be dramatic)
JUDGE ISSUES JUDGMENT, OR JUDGMENT NOTWITHSTANDING
THE VERDICT
EXTREMELY RARE
JUDGE SETS ASIDE THE JURY VERDICT AND ENTERS A VERDICT HIMSELF/HERSELF
APPEAL – IF APPLICABLE
ISSUES OF LAW ONLY
DID THE TRIAL COURT ERR?
THE PROGRESSION OF A CRIMINAL CASE
TRIAL IS VERY SIMILAR (UNITED STATES ATTORNEY OR STATE DISTRICT ATTORNEY GOES FIRST – HAS BURDEN OF PROOF)
HOWEVER, STEPS TO GET TO AN ACTUAL TRIAL ARE DIFFERENT
BURDEN OF PROOF – BEYOND A REASONABLE DOUBT
CRIMINAL TRIAL – PROSECUTOR OPENING STATEMENT
Example: State of Florida v. Michael David Dunn
https://www.youtube.com/watch?v=lpEp3UbQcnk (minute 10:20 to 21:30)
Indictment at: https://blackbutterfly7.files.wordpress.com/2014/02/michael_dunn_indictment_r.pdf
CRIMINAL CASE IN THE U.S.
INVESTIGATION ARREST CHARGE ARRAIGNMENT DISCOVERY PLEA BARGAINING PRELIMINARY HEARING PRE-TRIAL MOTIONS TRIAL POST-TRIAL MOTIONS SENTENCING APPEAL (IF APPLICABLE)