At the beginning of my Winterim, I set goals to accomplish during my independent study. As my Winterim has now come to an end, I thought that it would be appropriate to revisit and review the goals I set. I am very happy with what I was able to do during my Winterim, and I am excited to show you what I have learned tomorrow at Winterim Fair, from 7:00 PM to 9:00 PM. I appreciate the time that the readers have taken to read and comment on my blog. I hope that all of you enjoyed the journey as much as I did!
My goals: Introduction and Overview
How courts in the United States work: Arraignments
Criminal arraignment docket in a common pleas court
-1-14-2015: Arraignments
Criminal arraignments in local municipal courts
-1-9-2015: Criminal Defense
How courts in the United States work: Court of Appeals
The Ohio Sixth District Court of Appeals
-1-20-2015: The Ohio Sixth District Court of Appeals
How courts in the United States work: Criminal trial
Closing arguments
-1-15-2015: Closing Arguments
Jury instructions and deliberation
-1-15-2015: Closing Arguments
Jury selection in state court
-1-12-2015: Voir dire
Opening statements
-1-12-2015: Voir dire
Presentation of evidence for the defense
-1-14-2015: The Defense
-1-15-2015: Closing Arguments
Presentation of evidence for the prosecution
-1-13-2015: Witnesses' Testimonies
Verdict
-1-15-2015: Closing Arguments
How courts in the United States work: Domestic Relations Court
Child custody dispute
-1-22-2015: Domestic Relations Court
How courts in the United States work: Juvenile Court
Prosecution in Juvenile Court
-1-22-2015: Juvenile Court
How courts in the United States work: Out-of-court settlements
Settlement conference
-1-8-2015: Why More People Should Just Settle
How courts in the United States work: Sentencing
Sentencing in federal court
-1-6-2015: Sentencing
-1-16-2015: The Prosecutor
Perspectives from legal professionals
The Honorable Vernelis K. Armstrong, United States District Court Magistrate Judge for the Western Division of the Northern District of Ohio; how she sentences a defendant
-1-16-2015: The Prosecutor
Michael J. Freeman, Assistant United States Attorney for the Western Division of the Northern District of Ohio; a prosecutor's rationale for a defendant's sentencing and plea deals
-1-16-2015: The Prosecutor
The Honorable Jeffrey J. Helmick, United States District Court Judge for the Western Division of the Northern District of Ohio; case management conferences
-1-5-2015: First Day, Figuring Stuff Out
The Honorable James R. Knepp II, United States District Court Magistrate Judge for the Western Division of the Northern District of Ohio; settlement conference basics
-1-8-2015: Why More People Should Just Settle
Lori L. Olender, Lucas County Prosecutor's Office, Juvenile Division Chief, Assistant Prosecuting Attorney; the view of a prosecutor in juvenile court
-1-22-2015: Juvenile Court
Bonnie Rankin, domestic relations and criminal defense attorney; divorce
-1-22-2015: Domestic Relations Court
Peter G. Rost, criminal defense attorney; defending clients in municipal courts
-1-9-2015: Criminal Defense
Joe Tafelski, attorney for Center for Equal Justice; how the Center for Equal Justice helps those in need of civil law services
-1-7-2015: Private Practice, Poverty Law
United States Customs and Border Protection, Sandusky Bay Station in Port Clinton; federal law enforcement
-1-21-2015: Federal Law Enforcement
Patricia A. Wise, employment lawyer at Niehaus Wise & Kalas; advising clients
-1-7-2015: Private Practice, Poverty Law
The Honorable Gene A. Zmuda, Lucas County Court of Common Pleas Judge; presiding judge on a trial
-1-12-2015: Voir dire
-1-13-2015: Witnesses' Testimonies
-1-14-2015: The Defense
-1-15-2015: Closing Arguments
The Honorable Jack Zouhary, United States District Court Judge for the Western Division of the Northern District of Ohio; justification for a particular sentence
-1-6-2015: Sentencing
Proposal for jury selection reform: Fair representation of race and socioeconomic background on juries
-Proposal
Monday, January 26, 2015
Friday, January 23, 2015
1-23-2015: Proposal–Work in Progress
Today, for the most part, was a work day for my jury selection proposal. As you may recall, one of my goals was to create a proposal to solve the current problem that race and socioeconomic backgrounds are poorly recommended represented on juries (for more information, see page "Introduction and Overview").
I also had an opportunity to meet again with Annie Crawford, the jury selection manager (I first met her on 1-5-2015; see blog post "1-5-2015: First Day, Figuring Stuff Out). I reviewed some of the points from my jury selection reform proposal with her and asked for her thoughts on what I had so far. She was happy with what I had, and I am continuing to work hard on writing the proposal.
Today was also spent working on my presentation for Winterim Fair. I am planning an interactive presentation with the audience that also documents what I have done. I didn't talked in much detail for either the proposal or the presentation; I don't want to spoil it for what you'll see at Winterim Fair. All readers are invited to Winterim Fair, where I'll be presenting my experience learning about the court system. It will be on Tuesday, January 27, 2015, from 7:00 PM to 9:00 PM at Maumee Valley Country Day School in Toledo.
Finally, I also worked on thank you emails to send to all of the legal professionals who have helped me and have taken me around. Although Judge Helmick has been my sponsor, I have been following many other legal professionals who have explained many things about the federal courts. My Winterim is coming to an end pretty soon, and I've learned a lot. I'll reflect more on my entire experience next week.
I also had an opportunity to meet again with Annie Crawford, the jury selection manager (I first met her on 1-5-2015; see blog post "1-5-2015: First Day, Figuring Stuff Out). I reviewed some of the points from my jury selection reform proposal with her and asked for her thoughts on what I had so far. She was happy with what I had, and I am continuing to work hard on writing the proposal.
Today was also spent working on my presentation for Winterim Fair. I am planning an interactive presentation with the audience that also documents what I have done. I didn't talked in much detail for either the proposal or the presentation; I don't want to spoil it for what you'll see at Winterim Fair. All readers are invited to Winterim Fair, where I'll be presenting my experience learning about the court system. It will be on Tuesday, January 27, 2015, from 7:00 PM to 9:00 PM at Maumee Valley Country Day School in Toledo.
Finally, I also worked on thank you emails to send to all of the legal professionals who have helped me and have taken me around. Although Judge Helmick has been my sponsor, I have been following many other legal professionals who have explained many things about the federal courts. My Winterim is coming to an end pretty soon, and I've learned a lot. I'll reflect more on my entire experience next week.
Thursday, January 22, 2015
1-22-2015: Juvenile Court
This afternoon, I met with Lori Olender, the Chief of the Juvenile Division of the Lucas County Prosecutor's Office. This means that she works at Juvenile Court. The Lucas County Juvenile Court has jurisdiction over all juveniles (individuals under the age of 18) who live in Lucas County, and I mean "who live in Lucas County." For example, if a juvenile who lives in Lucas County gets a traffic ticket in Los Angeles, they would contest it at the Lucas County Juvenile Court. There are many differences between how juveniles are treated and how adults are. She explained them to me, along with how the juvenile court works.
Ms. Olender explained that unlike the adult legal system, the goal of the juvenile court is to rehabilitate juvenile offenders. It is not meant to intimidate juveniles, rather, the court serves to prevent juveniles from becoming repeat offenders. Studies have shown that juvenile offenders who are not rehabilitated tend to be in and out of the legal system throughout their lives, and this isn't good for the public, the court, or the offender. Because the goal of the system is rehabilitation, the prosecutor will most commonly recommend a juvenile to attend programs, halfway houses, or counseling, as opposed to locking them up in a detention facility. Although there is a detention facility on the third floor of the building that can house up to 100 juveniles, it only has thirty right now.
Programs that Ms. Olender explained are designed to help juveniles make better decisions. For example, if a juvenile is charged with assault because he or she gets into fights pertaining to disputes, Ms. Olender might refer the juvenile to anger management classes and counseling. Although there are many programs for all types of juvenile offenders, there is a limit to what the prosecution can do. If a defendant is given more than enough changes to make better decisions in programs, the prosecution may need to recommend a sentence of time to serve in the detention facility upstairs.
Other differences in juvenile court are how proceedings work. At an arraignment, a defendant will "admit" (to the charges) or "deny" (the charges). There is no "no contest plea" at juvenile court. This is due to the belief that if defendants admit to what they have done, it will be easier for them to receive help and for the court to rehabilitate them. Also, most cases go before a magistrate, and are closed to the public.
I then headed to a pre-trial hearing with prosecutor Drew Wood for a defendant charged with criminal trespass. Although the prosecutor has told the defendant that she should, the defendant still refused to admit to the charges. This led to Mr. Wood asking the magistrate for the trial date.
The juvenile system is very different than other courts, but it has to be different. Juveniles make mistakes, and when they do, they need to learn from them; they're kids. Unlike the adult system, the juvenile court is very supportive and the prosecutors "go easy" (compared to sentences that adults receive) on the defendants, and everyone tries to help the juveniles make better decisions. Because at the end of the day, the goal of the juvenile system is rehabilitation.
Ms. Olender explained that unlike the adult legal system, the goal of the juvenile court is to rehabilitate juvenile offenders. It is not meant to intimidate juveniles, rather, the court serves to prevent juveniles from becoming repeat offenders. Studies have shown that juvenile offenders who are not rehabilitated tend to be in and out of the legal system throughout their lives, and this isn't good for the public, the court, or the offender. Because the goal of the system is rehabilitation, the prosecutor will most commonly recommend a juvenile to attend programs, halfway houses, or counseling, as opposed to locking them up in a detention facility. Although there is a detention facility on the third floor of the building that can house up to 100 juveniles, it only has thirty right now.
Programs that Ms. Olender explained are designed to help juveniles make better decisions. For example, if a juvenile is charged with assault because he or she gets into fights pertaining to disputes, Ms. Olender might refer the juvenile to anger management classes and counseling. Although there are many programs for all types of juvenile offenders, there is a limit to what the prosecution can do. If a defendant is given more than enough changes to make better decisions in programs, the prosecution may need to recommend a sentence of time to serve in the detention facility upstairs.
Other differences in juvenile court are how proceedings work. At an arraignment, a defendant will "admit" (to the charges) or "deny" (the charges). There is no "no contest plea" at juvenile court. This is due to the belief that if defendants admit to what they have done, it will be easier for them to receive help and for the court to rehabilitate them. Also, most cases go before a magistrate, and are closed to the public.
I then headed to a pre-trial hearing with prosecutor Drew Wood for a defendant charged with criminal trespass. Although the prosecutor has told the defendant that she should, the defendant still refused to admit to the charges. This led to Mr. Wood asking the magistrate for the trial date.
The juvenile system is very different than other courts, but it has to be different. Juveniles make mistakes, and when they do, they need to learn from them; they're kids. Unlike the adult system, the juvenile court is very supportive and the prosecutors "go easy" (compared to sentences that adults receive) on the defendants, and everyone tries to help the juveniles make better decisions. Because at the end of the day, the goal of the juvenile system is rehabilitation.
1-22-2015: Domestic Relations Court
This morning, Bonnie Rankin took me to explore the Domestic Relations Court. This is where individuals fight disputes involving divorce, child custody, and child support, among the many domestic issues that families may have.
Domestic Relations Court is very different compared to the Lucas County Court of Common Pleas. Ms. Rankin was very patient in explaining to me these differences. For example, because there is no court reporter, jury, or public allowed during trials, most courtrooms where proceedings take place are considerably smaller.
You may have noticed my use of the term "magistrate" in previous blog posts, referring to Magistrate Federal Judges. Federal judges assign cases to magistrate judges to help ease their workload, and are allowed to have misdemeanor, but not felony cases. Similarly, there are magistrates (but not magistrate judges) in the Domestic Relations Court, but they are appointed by judges, conduct all hearings, try cases, but are below the judge. This means that the judge reviews all work done by magistrates. They are still addressed as "Your Honor" in the courtroom.
We watched a magistrate try a case involving separated parents fighting for custody of their two children. I don't think I'm supposed to go into much detail, but I'll tell what I can. The trial was rather unusual because the defendant went pro se (decided not to hire a lawyer), but otherwise, a trial in a domestic relations court happens just like a trial in a common pleas court. One party presented his witnesses, asked the witness questions, and the other party cross-examined the witness. Both parties then present evidence and give a closing statement. The difference is that instead of a jury reviewing the testimony and producing a verdict, the magistrate reviews the evidence produced and presents the decision.
Although it may not see like it, what happens in the courtroom is important and can cause major changes in families. In this case, the parents were fighting for custody over their children. I can't imagine what it would be for either of the parties to not have their children, and I don't want to think about how the children are affected by the decision.
Domestic Relations Court is very different compared to the Lucas County Court of Common Pleas. Ms. Rankin was very patient in explaining to me these differences. For example, because there is no court reporter, jury, or public allowed during trials, most courtrooms where proceedings take place are considerably smaller.
You may have noticed my use of the term "magistrate" in previous blog posts, referring to Magistrate Federal Judges. Federal judges assign cases to magistrate judges to help ease their workload, and are allowed to have misdemeanor, but not felony cases. Similarly, there are magistrates (but not magistrate judges) in the Domestic Relations Court, but they are appointed by judges, conduct all hearings, try cases, but are below the judge. This means that the judge reviews all work done by magistrates. They are still addressed as "Your Honor" in the courtroom.
We watched a magistrate try a case involving separated parents fighting for custody of their two children. I don't think I'm supposed to go into much detail, but I'll tell what I can. The trial was rather unusual because the defendant went pro se (decided not to hire a lawyer), but otherwise, a trial in a domestic relations court happens just like a trial in a common pleas court. One party presented his witnesses, asked the witness questions, and the other party cross-examined the witness. Both parties then present evidence and give a closing statement. The difference is that instead of a jury reviewing the testimony and producing a verdict, the magistrate reviews the evidence produced and presents the decision.
Although it may not see like it, what happens in the courtroom is important and can cause major changes in families. In this case, the parents were fighting for custody over their children. I can't imagine what it would be for either of the parties to not have their children, and I don't want to think about how the children are affected by the decision.
Wednesday, January 21, 2015
1-21-2015: Federal Law Enforcement
Photos:
The indoor parking garage filled with tons of border patrol cars
Old immigration records from the building's archives
A boat used by U.S. Customs and Border Protection on Lake Erie (in service)
Inside the boat
Today, we toured the facilities of some federal law enforcement agencies. Although doing so wasn't even on my mind when I sat down with Judge Helmick in September of last year to plan my Winterim, it was a good experience because I now have some more background of what defendants go through before they go to court. As stated last Friday, the United States government (represented by Assistant United States Attorneys) moves forward with a prosecution by receiving evidence from a federal law enforcement agency. The federal law enforcement agencies indict individuals almost like how local law enforcement agencies do (for more information for how the government moves forward with a prosecution, see blog post "1-16-2015: The Prosecutor").
Judge Helmick and I, along with Judge Knepp, Turner Booth, and John Sullivan, headed east to the U.S. Customs and Border Protection's Sandusky Bay Station in Port Clinton. The U.S. Customs and Border Protection (CBP) is a federal law enforcement agency of the United States Department of Homeland Security. Housed in the Sandusky Bay Station are three CBP agencies: the Office of Air and Marine (OAM; often called the "tan guys" because they wear tan colored pants), the Office of Border Patrol (OBP; often called "green guys" because they wear green pants), and the Office of Field Operations (OFO; often called "blue guys" because they wear blue pants). They all have similar functions, but each agency has different "specialties." The OAM protects the border from the air and on water (Lake Erie). The OBP protects areas between legal ports of entry. The OFO meets individuals at legal ports of entry (these are the people stamping our passports at the airport).
The facility, built in 2012, cost $25 million, and is the first to house the OAM, OBP, and OFO in the same building. It mainly consists of offices, but it also includes a room to house search dogs and five short-term detention cells used for booking arrested individuals.
We talked to Border Patrol for a long time in particular about how to prosecute those caught being illegally present in the United States. Along with commentary from the two judges, they explained it's a fine line the government must traverse. The officers explained that if they apprehend individuals only on their first offense, they will usually deport them, with no further criminal charges against them, as it may not be in the OBP's interest to prosecute these individuals due to the cost and time-consuming nature of the process. However, if individuals repeatedly caught trying to cross the border with nothing to lose may face prosecution to the fullest extent of the law. The officers work a lot with Assistant United States Attorneys to determine when they should prosecute individuals.
One of the Border Patrol officers talked about what they look for. He explained that they cannot profile individuals and jump to conclusions about their legal status in the United States, because they have arrested illegal immigrants from all over the world. The officers say that the automatic assumption is that illegal aliens in the United States are from Mexico is wrong and ignorant because the countries of origin list of arrested individuals totals more than ninety countries. Both explained that they instead need to look for behavior. For example, one of the officers said there is a difference between a man driving his two children to the ice cream shop and a group of twenty individuals walking down the state highway. Both of them reiterated that they have to look at whole portraits of individuals when they are suspicious of something, and not just physical appearance.
Today was an eye-opening day, a change from being in and out of courthouses from morning to afternoon. It gave me more perspective of what else happens in the federal legal system apart from the courts. I understand more what happens to individuals when they are apprehended by the Border Patrol. And finally, it showed me the difficulty that the Border Patrol, Assistant U.S. Attorneys, and judges have in trying to find appropriate punishments to deter the same individuals from trying to illegally enter the United States.
The indoor parking garage filled with tons of border patrol cars
Old immigration records from the building's archives
A boat used by U.S. Customs and Border Protection on Lake Erie (in service)
Inside the boat
Today, we toured the facilities of some federal law enforcement agencies. Although doing so wasn't even on my mind when I sat down with Judge Helmick in September of last year to plan my Winterim, it was a good experience because I now have some more background of what defendants go through before they go to court. As stated last Friday, the United States government (represented by Assistant United States Attorneys) moves forward with a prosecution by receiving evidence from a federal law enforcement agency. The federal law enforcement agencies indict individuals almost like how local law enforcement agencies do (for more information for how the government moves forward with a prosecution, see blog post "1-16-2015: The Prosecutor").
Judge Helmick and I, along with Judge Knepp, Turner Booth, and John Sullivan, headed east to the U.S. Customs and Border Protection's Sandusky Bay Station in Port Clinton. The U.S. Customs and Border Protection (CBP) is a federal law enforcement agency of the United States Department of Homeland Security. Housed in the Sandusky Bay Station are three CBP agencies: the Office of Air and Marine (OAM; often called the "tan guys" because they wear tan colored pants), the Office of Border Patrol (OBP; often called "green guys" because they wear green pants), and the Office of Field Operations (OFO; often called "blue guys" because they wear blue pants). They all have similar functions, but each agency has different "specialties." The OAM protects the border from the air and on water (Lake Erie). The OBP protects areas between legal ports of entry. The OFO meets individuals at legal ports of entry (these are the people stamping our passports at the airport).
The facility, built in 2012, cost $25 million, and is the first to house the OAM, OBP, and OFO in the same building. It mainly consists of offices, but it also includes a room to house search dogs and five short-term detention cells used for booking arrested individuals.
We talked to Border Patrol for a long time in particular about how to prosecute those caught being illegally present in the United States. Along with commentary from the two judges, they explained it's a fine line the government must traverse. The officers explained that if they apprehend individuals only on their first offense, they will usually deport them, with no further criminal charges against them, as it may not be in the OBP's interest to prosecute these individuals due to the cost and time-consuming nature of the process. However, if individuals repeatedly caught trying to cross the border with nothing to lose may face prosecution to the fullest extent of the law. The officers work a lot with Assistant United States Attorneys to determine when they should prosecute individuals.
One of the Border Patrol officers talked about what they look for. He explained that they cannot profile individuals and jump to conclusions about their legal status in the United States, because they have arrested illegal immigrants from all over the world. The officers say that the automatic assumption is that illegal aliens in the United States are from Mexico is wrong and ignorant because the countries of origin list of arrested individuals totals more than ninety countries. Both explained that they instead need to look for behavior. For example, one of the officers said there is a difference between a man driving his two children to the ice cream shop and a group of twenty individuals walking down the state highway. Both of them reiterated that they have to look at whole portraits of individuals when they are suspicious of something, and not just physical appearance.
Today was an eye-opening day, a change from being in and out of courthouses from morning to afternoon. It gave me more perspective of what else happens in the federal legal system apart from the courts. I understand more what happens to individuals when they are apprehended by the Border Patrol. And finally, it showed me the difficulty that the Border Patrol, Assistant U.S. Attorneys, and judges have in trying to find appropriate punishments to deter the same individuals from trying to illegally enter the United States.
Tuesday, January 20, 2015
1-20-2015: The Ohio Sixth District Court of Appeals
Today, Karen Helmick arranged a tour of the Ohio Sixth District Court of Appeals and a meeting with the judges, located just down the street from the federal courthouse downtown. The students on the tour were Truth Foreman, Turner Booth, and me. Mrs. Helmick works at the Ohio Sixth District Court of Appeals as a staff attorney for Judge Pietrykowski. A staff attorney helps to draft opinions for the writing judge in these cases.
We got a tour of the one and only courtroom. Three judges (out of the five in the courthouse) are randomly selected by computer to sit on the bench at one time, and the decision is the majority of the three votes. For example, an appellant wins the appeal if either two or all of the three judges vote to overturn the decision of the lower court. Below is a picture of the courtroom.
Compared to the other courts I have been into, such as the Lucas County Court of Common Pleas, this courthouse was very quiet. There were only two sets of footprints in the snow-covered sidewalk leading up to the entrance of the courthouse, one set those being Truth's.
After the tour of the courtroom and the staff attorneys' offices, we got to sit down with Judges Jensen, Pietrykowski, and Singer in the second floor conference room, where they were able to explain the appeals court better and take any questions that we had.
The Ohio Sixth District Court of Appeals hears appeals from the Sixth District of the Ohio Courts of Appeals. This includes eight counties along the Michigan border and Lake Erie. Either party involved in a trial from the state and county courts (common pleas and municipal courts) has the automatic right to appeal outcomes to the court of appeals, and most do. In doing so, the appellant will allow the judge to read over the case, or they may request for oral arguments. An oral argument is when the defense takes their case to the courtroom in front of the three judges. The appellant will have fifteen minutes to present their case, and the respondent will have fifteen minutes to present their case. The appellant can designate a portion of their fifteen minutes for a rebuttal after the respondent. When they present their cases, the judges will interrupt both parties and ask them questions. After the oral argument, judges will write their opinions and return with a decision on whether or not the conviction will be overturned.
I also learned that only one percent of the cases that are appealed go to the Supreme Court of Ohio. This means that for most individuals, this court is their only option for recourse.
During our meeting in the conference room, the phone rang. The judges said that phone has never rung before, but Judge Singer picked it up anyways. It was a wrong number. This prompted the judges to tell us joke about appeals courts, since they are so quiet: "Whenever the phone rings, it's either your spouse or a wrong number."
But on a more serious note, I now realize how important the appeals system is. The court of appeals reviews all of the lower courts' work and keeps them "in check." I think that the automatic right to appeal is an important right for defendants to have, because although most people have the best intentions, not all trials are done properly. Perhaps it's because a judge overrules an objection that shouldn't have been. Maybe the reason is because the jury wasn't unbiased. It could even be because of a different interpretation of a newly created law. This is where complaints like these are heard, and is a critical part of the Ohio legal system if it wants to maintain accountability and guarantee fairness for convicted defendants.
We got a tour of the one and only courtroom. Three judges (out of the five in the courthouse) are randomly selected by computer to sit on the bench at one time, and the decision is the majority of the three votes. For example, an appellant wins the appeal if either two or all of the three judges vote to overturn the decision of the lower court. Below is a picture of the courtroom.
Compared to the other courts I have been into, such as the Lucas County Court of Common Pleas, this courthouse was very quiet. There were only two sets of footprints in the snow-covered sidewalk leading up to the entrance of the courthouse, one set those being Truth's.
After the tour of the courtroom and the staff attorneys' offices, we got to sit down with Judges Jensen, Pietrykowski, and Singer in the second floor conference room, where they were able to explain the appeals court better and take any questions that we had.
The Ohio Sixth District Court of Appeals hears appeals from the Sixth District of the Ohio Courts of Appeals. This includes eight counties along the Michigan border and Lake Erie. Either party involved in a trial from the state and county courts (common pleas and municipal courts) has the automatic right to appeal outcomes to the court of appeals, and most do. In doing so, the appellant will allow the judge to read over the case, or they may request for oral arguments. An oral argument is when the defense takes their case to the courtroom in front of the three judges. The appellant will have fifteen minutes to present their case, and the respondent will have fifteen minutes to present their case. The appellant can designate a portion of their fifteen minutes for a rebuttal after the respondent. When they present their cases, the judges will interrupt both parties and ask them questions. After the oral argument, judges will write their opinions and return with a decision on whether or not the conviction will be overturned.
I also learned that only one percent of the cases that are appealed go to the Supreme Court of Ohio. This means that for most individuals, this court is their only option for recourse.
During our meeting in the conference room, the phone rang. The judges said that phone has never rung before, but Judge Singer picked it up anyways. It was a wrong number. This prompted the judges to tell us joke about appeals courts, since they are so quiet: "Whenever the phone rings, it's either your spouse or a wrong number."
But on a more serious note, I now realize how important the appeals system is. The court of appeals reviews all of the lower courts' work and keeps them "in check." I think that the automatic right to appeal is an important right for defendants to have, because although most people have the best intentions, not all trials are done properly. Perhaps it's because a judge overrules an objection that shouldn't have been. Maybe the reason is because the jury wasn't unbiased. It could even be because of a different interpretation of a newly created law. This is where complaints like these are heard, and is a critical part of the Ohio legal system if it wants to maintain accountability and guarantee fairness for convicted defendants.
Sunday, January 18, 2015
1-18-2015: Some Photos
Throughout my Winterim, I have wanted to take some photos of where I have gone and what I have done. Unfortunately, various laws and courthouse policies have either prohibited or made me uncomfortable doing so. However, I was able to get some photos with no one in them. I hope that these photos help you understand more of what I am doing.
UPDATE: I found a picture of the federal courthouse online, and I'm posting it here. I don't intend to take a picture of the courthouse myself because there is scaffolding blocking the building due to construction.
The James M. Ashley and Thomas W. L. Ashley U.S. Courthouse at 1716 Spielbusch Avenue in Downtown Toledo; this is not how it looks right now because it is going under major renovations.
Judge Zouhary's courtroom in the federal courthouse, where his sentencing took place (see blog post "1-6-2015: Sentencing")
A sign leading to the United States Attorney's Office for the Western Division of the Northern District of Ohio, where Mr. Freeman works (see blog post "1-16-2015: The Prosecutor")
The United States Department of Justice's seal inside the United States Attorney's Office for the Western Division of the Northern District of Ohio, where Mr. Freeman works (see blog post "1-16-2015: The Prosecutor")
UPDATE: I found a picture of the federal courthouse online, and I'm posting it here. I don't intend to take a picture of the courthouse myself because there is scaffolding blocking the building due to construction.
The James M. Ashley and Thomas W. L. Ashley U.S. Courthouse at 1716 Spielbusch Avenue in Downtown Toledo; this is not how it looks right now because it is going under major renovations.
Judge Zouhary's courtroom in the federal courthouse, where his sentencing took place (see blog post "1-6-2015: Sentencing")
A sign leading to the United States Attorney's Office for the Western Division of the Northern District of Ohio, where Mr. Freeman works (see blog post "1-16-2015: The Prosecutor")
The United States Department of Justice's seal inside the United States Attorney's Office for the Western Division of the Northern District of Ohio, where Mr. Freeman works (see blog post "1-16-2015: The Prosecutor")
Saturday, January 17, 2015
1-17-2015: End of Week 2
The majority of my time this week was spent watching the trial in the Lucas County Court of Common Pleas. It was a good experience because I had the opportunity to watch the entire trial from start to finish. You can revisit any part of the trial by following these links below.
1-12-2015: Voir dire
1-13-2015: Witnesses' Testimonies
1-14-2015: The Defense
1-15-2015: Closing Arguments
Appendix to the Trial
One cool thing that I saw this week that I didn't talk about earlier was the courtroom during the reading of the verdict. When word spread that a verdict had been reached, all available prosecutors came into the courtroom. After the verdict was read, all of the prosecutors congratulated the prosecuting attorneys on this case, Frank H. Spryszak and Jennifer Lambdin, for a job well done, with many hugs and handshakes. Mr. Spryszak explained to me that prosecutors try to watch each other's verdicts to support each other. He said that although the prosecutors all have different cases, they have a common goal and work together in achieving that goal. This really showed me that the Lucas County Prosecutors' Office is very strong and has a lot of support and structure.
I have met many of my goals this week, listed below. If you don't believe me, you can click on any of the links to my blog posts pertinent to that goal.
My goals: Introduction and Overview
How courts in the United States work: Arraignments
Criminal arraignment docket in state court
-1-14-2015: Arraignments
How courts in the United States work: Trial
Closing arguments
-1-15-2015: Closing Arguments
Jury instructions and deliberation
-1-15-2015: Closing Arguments
Jury selection in state court
-1-12-2015: Voir dire
Opening statements
-1-12-2015: Voir dire
Presentation of evidence for the defense
-1-14-2015: The Defense
-1-15-2015: Closing Arguments
Presentation of evidence for the prosecution
-1-13-2015: Witnesses' Testimonies
Verdict
-1-15-2015: Closing Arguments
How courts in the United States work: Sentencing
Sentencing in federal court
-1-16-2015: The Prosecutor
Perspectives from legal professionals
The Honorable Vernelis K. Armstrong, Magistrate Judge for the United States District Court for the Western Division of the Northern District of Ohio; how she sentences a defendant
-1-16-2015: The Prosecutor
Michael J. Freeman, Assistant United States Attorney for the Western Division of the Northern District of Ohio; a prosecutor's rationale for a defendant's sentencing and plea deals
-1-16-2015: The Prosecutor
1-12-2015: Voir dire
1-13-2015: Witnesses' Testimonies
1-14-2015: The Defense
1-15-2015: Closing Arguments
Appendix to the Trial
One cool thing that I saw this week that I didn't talk about earlier was the courtroom during the reading of the verdict. When word spread that a verdict had been reached, all available prosecutors came into the courtroom. After the verdict was read, all of the prosecutors congratulated the prosecuting attorneys on this case, Frank H. Spryszak and Jennifer Lambdin, for a job well done, with many hugs and handshakes. Mr. Spryszak explained to me that prosecutors try to watch each other's verdicts to support each other. He said that although the prosecutors all have different cases, they have a common goal and work together in achieving that goal. This really showed me that the Lucas County Prosecutors' Office is very strong and has a lot of support and structure.
I have met many of my goals this week, listed below. If you don't believe me, you can click on any of the links to my blog posts pertinent to that goal.
My goals: Introduction and Overview
How courts in the United States work: Arraignments
Criminal arraignment docket in state court
-1-14-2015: Arraignments
How courts in the United States work: Trial
Closing arguments
-1-15-2015: Closing Arguments
Jury instructions and deliberation
-1-15-2015: Closing Arguments
Jury selection in state court
-1-12-2015: Voir dire
Opening statements
-1-12-2015: Voir dire
Presentation of evidence for the defense
-1-14-2015: The Defense
-1-15-2015: Closing Arguments
Presentation of evidence for the prosecution
-1-13-2015: Witnesses' Testimonies
Verdict
-1-15-2015: Closing Arguments
How courts in the United States work: Sentencing
Sentencing in federal court
-1-16-2015: The Prosecutor
Perspectives from legal professionals
The Honorable Vernelis K. Armstrong, Magistrate Judge for the United States District Court for the Western Division of the Northern District of Ohio; how she sentences a defendant
-1-16-2015: The Prosecutor
Michael J. Freeman, Assistant United States Attorney for the Western Division of the Northern District of Ohio; a prosecutor's rationale for a defendant's sentencing and plea deals
-1-16-2015: The Prosecutor
Friday, January 16, 2015
1-16-2015: The Prosecutor
My day began with a sentencing proceeding in federal court with Magistrate Judge Armstrong. The defendant was a Canadian citizen, and she attended the proceeding from Canada because she was unable to be present in the United States.
The sentencing began with the judge reviewing the defendant's charge of illegal entry into the United States. The facts surrounding the allegation were that she had previously entered the United States legally on a visa, but overstayed the visa and was deported. She then hired a pilot to fly her across Lake Erie in an attempt to enter the United States illegally. She was promptly caught and arrested, along with the pilot, and was charged with illegal entry, in her case, a misdemeanor. The defendant pled guilty to her charge. In between her arrest and court proceedings, she spent a total of sixty days in the Lucas County Corrections Center. If she was to be sentenced to jail time, she would receive credit for the days she had already served in jail.
The judge stated that the sentencing guidelines do not apply to her defendant's charge because she was convicted of a class B misdemeanor (for more information on sentencing procedures and sentencing guidelines, see blog post "1-6-2015: Sentencing"). The judge then began to talk about possible sentences. In this case, law allows a sentence up to six months in jail, a $5000 fine, supervised release, or any combination of those previous three options.
The defendant's defense lawyer said that he felt no sentence longer than sixty days would be appropriate, saying that her sixty days in the Lucas County Corrections Center was enough of a punishment. The prosecutor agreed that her sixty days in the Lucas County Corrections Center were enough, but he argued that she be fined $1000 in order to deter her from trying to illegally enter the United States again, as well as to deter others.
The judge sentenced her to sixty days in jail, with credit from time that the defendant had already served in the county jail, along with a $700 fine, to meet the interests of the prosecution and the defense somewhere in between. This means that she would serve no additional time in custody.
I met briefly with Judge Armstrong after the case, during which I asked some questions. She explained to me that many individuals think the courtroom is very intense and that the judge is impatient, as seen on the show Judge Judy. She disagrees with this, and says that the courtroom should be very civil and orderly place, with all parties being polite to each other. I agree with her, because in all of the courtrooms I have seen during my Winterim, the proceedings have gone very smoothly without any "courtroom drama."
After the sentencing, I had the opportunity to meet and ask questions to the prosecutor for this case, Assistant United States Attorney Mike Freeman. We first took a tour of the United States Attorney's Office. There are eight criminal United States Attorneys and four civil United States Attorneys in the Western Division of the Northern District of Ohio's United States Attorney's Office. The criminal attorneys represent the government (prosecution) in trials. The civil attorneys represent federal government lawsuits against other agencies (for example, a lawsuit against a local police department for racial discrimination) and lawsuits against the federal government (for example, suing for damages after falling and getting injured in the federal courthouse. Obviously, because he was a prosecutor in the criminal case described above, Mr. Freeman is one of the eight criminal attorneys who works in the office.
I then sat down with Mr. Freeman in his office to ask him questions about the arguments that prosecutors make, including those in this particular case. I asked him about the sentencing recommendation he made to the judge. His opinion was that a sentence of some sort was necessary to reflect upon the seriousness of the crime the defendant had committed, in addition to the potential bodily harm she could have caused to herself and the pilot. He didn't ask for six months in jail (four of which would be additional months) because he didn't feel like she deserved it. However, his argument for the $1000 fine was for the deterrent effect for her and others and also to reflect upon the serious nature of her crime, trying to enter the United States illegally.
I moved on to prosecutors' arguments in offering plea deals. I began by asking why he didn't offer a plea deal at arraignment in this case. He explained the misconception that a plea deal is always offered at arraignment, but this is not always true. In this instance, the charges were not serious enough that there could possibly be a long sentence; this is why a plea deal wasn't offered in the case that I saw today. Mr. Freeman explained that about plea deals in general, many factors go into deciding whether or not to offer one. One possible factor is be the seriousness of the case; if a case has more serious charges, there is less of a possibility that the prosecution will offer a plea deal. Another factor he talked about is the criminal history of a defendant. The prosecution is less likely to offer plea deals to defendants with a criminal history.
Mr. Freeman told me that the best part of this job was that unlike other individuals in the legal field, he can do whatever he thinks is right. He doesn't have to represent a client, and only proceeds with a case if he thinks it is right to do so with enough evidence and probable cause. He is the one who gets to make the decision if it is unethical to proceed with a case or if the government should gather more evidence. It is his opinion, and it is not bound to anyone else's.
Finally, Mr. Freeman explained how the government moves forward with a prosecution. He first gets evidence presented to him from a federal law enforcement agency (such as the FBI, the Secret Service, or the DEA). He looks through the evidence to see if there is probable cause for a case. If there is enough evidence and probable cause, may he may then proceed with more investigative work (such as tapping phones and obtaining search warrants). When he is ready, he takes his case the grand jury. The grand jury decides whether or not to indict an individual. They must vote to indict (formally charge) an individual; if they do not indict on a case, no charges can be filed against that individual. If the grand jury indicts an individual, the defendant is called to court for an arraignment (for more information on arraignments, see blog post "1-14-2015: Arraignments). The defendant is now involved in the process with official court proceedings (for more information on trials, see page "Appendix to the Trial" for a list of blog posts about trials; for more information on sentencing proceedings, see blog post "1-6-2015: Sentencing").
I have met many goals today. I first saw another sentencing in federal court, but with a different judge. In addition, I had time to talk to her and get her perspective on this case. This pertains to my goal of learning how courts in the United States function. I then was able to meet with an Assistant United States Attorney to get his perspective on what arguments the prosecution makes in court and why they make these arguments. I have seen the perspectives of many individuals, and will sleep well this weekend after many late nights writing blog posts.
The sentencing began with the judge reviewing the defendant's charge of illegal entry into the United States. The facts surrounding the allegation were that she had previously entered the United States legally on a visa, but overstayed the visa and was deported. She then hired a pilot to fly her across Lake Erie in an attempt to enter the United States illegally. She was promptly caught and arrested, along with the pilot, and was charged with illegal entry, in her case, a misdemeanor. The defendant pled guilty to her charge. In between her arrest and court proceedings, she spent a total of sixty days in the Lucas County Corrections Center. If she was to be sentenced to jail time, she would receive credit for the days she had already served in jail.
The judge stated that the sentencing guidelines do not apply to her defendant's charge because she was convicted of a class B misdemeanor (for more information on sentencing procedures and sentencing guidelines, see blog post "1-6-2015: Sentencing"). The judge then began to talk about possible sentences. In this case, law allows a sentence up to six months in jail, a $5000 fine, supervised release, or any combination of those previous three options.
The defendant's defense lawyer said that he felt no sentence longer than sixty days would be appropriate, saying that her sixty days in the Lucas County Corrections Center was enough of a punishment. The prosecutor agreed that her sixty days in the Lucas County Corrections Center were enough, but he argued that she be fined $1000 in order to deter her from trying to illegally enter the United States again, as well as to deter others.
The judge sentenced her to sixty days in jail, with credit from time that the defendant had already served in the county jail, along with a $700 fine, to meet the interests of the prosecution and the defense somewhere in between. This means that she would serve no additional time in custody.
I met briefly with Judge Armstrong after the case, during which I asked some questions. She explained to me that many individuals think the courtroom is very intense and that the judge is impatient, as seen on the show Judge Judy. She disagrees with this, and says that the courtroom should be very civil and orderly place, with all parties being polite to each other. I agree with her, because in all of the courtrooms I have seen during my Winterim, the proceedings have gone very smoothly without any "courtroom drama."
After the sentencing, I had the opportunity to meet and ask questions to the prosecutor for this case, Assistant United States Attorney Mike Freeman. We first took a tour of the United States Attorney's Office. There are eight criminal United States Attorneys and four civil United States Attorneys in the Western Division of the Northern District of Ohio's United States Attorney's Office. The criminal attorneys represent the government (prosecution) in trials. The civil attorneys represent federal government lawsuits against other agencies (for example, a lawsuit against a local police department for racial discrimination) and lawsuits against the federal government (for example, suing for damages after falling and getting injured in the federal courthouse. Obviously, because he was a prosecutor in the criminal case described above, Mr. Freeman is one of the eight criminal attorneys who works in the office.
I then sat down with Mr. Freeman in his office to ask him questions about the arguments that prosecutors make, including those in this particular case. I asked him about the sentencing recommendation he made to the judge. His opinion was that a sentence of some sort was necessary to reflect upon the seriousness of the crime the defendant had committed, in addition to the potential bodily harm she could have caused to herself and the pilot. He didn't ask for six months in jail (four of which would be additional months) because he didn't feel like she deserved it. However, his argument for the $1000 fine was for the deterrent effect for her and others and also to reflect upon the serious nature of her crime, trying to enter the United States illegally.
I moved on to prosecutors' arguments in offering plea deals. I began by asking why he didn't offer a plea deal at arraignment in this case. He explained the misconception that a plea deal is always offered at arraignment, but this is not always true. In this instance, the charges were not serious enough that there could possibly be a long sentence; this is why a plea deal wasn't offered in the case that I saw today. Mr. Freeman explained that about plea deals in general, many factors go into deciding whether or not to offer one. One possible factor is be the seriousness of the case; if a case has more serious charges, there is less of a possibility that the prosecution will offer a plea deal. Another factor he talked about is the criminal history of a defendant. The prosecution is less likely to offer plea deals to defendants with a criminal history.
Mr. Freeman told me that the best part of this job was that unlike other individuals in the legal field, he can do whatever he thinks is right. He doesn't have to represent a client, and only proceeds with a case if he thinks it is right to do so with enough evidence and probable cause. He is the one who gets to make the decision if it is unethical to proceed with a case or if the government should gather more evidence. It is his opinion, and it is not bound to anyone else's.
Finally, Mr. Freeman explained how the government moves forward with a prosecution. He first gets evidence presented to him from a federal law enforcement agency (such as the FBI, the Secret Service, or the DEA). He looks through the evidence to see if there is probable cause for a case. If there is enough evidence and probable cause, may he may then proceed with more investigative work (such as tapping phones and obtaining search warrants). When he is ready, he takes his case the grand jury. The grand jury decides whether or not to indict an individual. They must vote to indict (formally charge) an individual; if they do not indict on a case, no charges can be filed against that individual. If the grand jury indicts an individual, the defendant is called to court for an arraignment (for more information on arraignments, see blog post "1-14-2015: Arraignments). The defendant is now involved in the process with official court proceedings (for more information on trials, see page "Appendix to the Trial" for a list of blog posts about trials; for more information on sentencing proceedings, see blog post "1-6-2015: Sentencing").
I have met many goals today. I first saw another sentencing in federal court, but with a different judge. In addition, I had time to talk to her and get her perspective on this case. This pertains to my goal of learning how courts in the United States function. I then was able to meet with an Assistant United States Attorney to get his perspective on what arguments the prosecution makes in court and why they make these arguments. I have seen the perspectives of many individuals, and will sleep well this weekend after many late nights writing blog posts.
Thursday, January 15, 2015
1-15-2015: Closing Arguments
See also: page "Appendix to the Trial"
Throughout this week, I will be attending a trial in the Lucas County Court of Common Pleas for a rape case with Judge Zmuda presiding. This is the fourth and last in a series of multiple posts about the trial. Each post will document that day's proceedings and what I learned.
The defendant decided to testify in his own defense as a witness. Before he was able to testify, the judge had to make sure that the defendant understood that his agreement to testify meant that he would have to be cross-examined, which could potentially put case out of his control. The judge also made sure that the defendant knew he was agreeing to waive his right to remain silent and put it on the record.
The defendant's lawyer asked him many questions about the floor plan of the house and his interactions with the children in the family. The defendant was also asked about his history before moving into the victims' residence and what he did after moving out. He stated that he was living in Tennessee, unable to find work, and asked his cousin if he could move in with him in Toledo. After the defendant moved out, he relocated to California for a job. He later returned to northwest Ohio and subsequently moved in with his mother. The defendant was also asked about his role and responsibilities in the household, to which he responded that he was to babysit his cousin's six children and do some house chores. Finally, the defendant was asked about what the children's daily routine was.
During cross-examination, the defendant was asked many difficult questions, such as what exact events happened when he was alone with the six children, what happened when he and the children would watch movies on the couch together, and what the sleeping arrangements of the children were. The prosecutor also flat-out asked the defendant if he had ever inappropriately touched the victims, to which he responded no. The prosecutor kept asking questions about the charges and allegations pertaining to this case, all of which he continued to deny. The prosecutor found out that the defendant was aware of the charges against him after he returned to northwest Ohio, and stated that the defendant took no initiative to go to the police when he learned about the charges because he knew he was in trouble.
The defendant then testified on his lawyer's redirect. He was asked if he was under any obligation to go come back from California and if California is a faraway place. The defendant answered California is very far away, and that he was under no obligation to return to northwest Ohio; it was all on his own free will. When asked why he didn't make any inquiries to Washington Township police about his charges, the defendant stated that this was because the police didn't come to him and that he was never under any impression that there was an obligation to contact police. The defense then rested its case.
After a brief ten minute break, the judge read the jury its instructions. He explained that the jurors' job is to make a decision of the defendant's guilt based on the evidence presented in the trial and to apply the law to the decision they make. As stated before, until the state proves a defendant guilty beyond a reasonable doubt, he is innocent. The instructions stated that the jury must consider the credibility of each witness to weight the evidence, and that a jury can choose to believe or not believe what a witness says. The judge also reminded that indictments against a defendant are not evidence. These were just some of the instructions that the judge gave to the jury, with many more other instructions that they had to follow.
Following the jury instructions were the closing arguments. Made to the jury, these are to summarize and reiterate the points of each side. There are three closing arguments: two from the prosecution and one from the defense. The prosecution always goes first and last.
The prosecution began by stating they had succeeded in proving the defendant guilty beyond a reasonable doubt just by the testimonies of the three victims. The prosecutor repeated the prosecution's view that the defendant was guilty. She explained how the defendant would be proven guilty beyond a reasonable doubt on each of the six counts by synthesizing and reviewing all of the relevant evidence for the jury to hear. She argued that the defendant was proven guilty by just the testimonies of the boys which corroborated each other, also stating that her victim witnesses were credible because there was no reason to make up the story and go through the unpleasant investigation system for nothing. During this time, she also refuted the defense witness's claim of "interview bias" (for more information about this, see blog post "1-14-2015: The Defense").
In the defense's closing argument, the defense lawyer reminded jurors to make sure the deliberation is fair for the defendant and to separate emotions and sympathy for victims from the actual evidence; as the defense lawyer stated, emotions and sympathy are not evidence. He cited the victims' mother's testimony on Tuesday in which she said she was mad at herself for not having seen the signs that her sons were being abused; the defense lawyer stated that if she didn't see the signs, it could be because the alleged events didn't happen. He also said that testimony from the physician specializing in child abuse was extremely inconclusive, saying that he only made the diagnosis based on the victims' interviews at children services and that a lack of physical evidence from the children from the anal examination renders his testimony useless. Finally, he restated the errors that the children services staff member made in questioning the children, and argued there were many instances of interview bias, which changed and manipulated the answers from what they really were.
The prosecution ended the trial with their second closing argument, in disagreement with the defense's claims. The prosecutor restated to the jury that there were many testimonies and other pieces of evidence that corroborated each other. He dismissed the claims of interview bias as ridiculous, arguing there was no other interest that could have possibly influenced how the victims and their parents answered to the police, to children services, and to the court. Finally, the prosecutor reminded the jury of the physician's testimony that anal tissue is able to repair quickly and normally, which is the reason why he was unable to obtain any physical evidence. That was it. The jury was excused to the jury room to deliberate, and the waiting began.
Finally, after more than three hours of deliberation, I was informed that a verdict was reached. As read by the criminal bailiff, the jury found the defendant guilty on all six counts of rape. After the charges were read, the judge thanked the jury for its service, and court was adjourned. The trial was over. The defendant will be sentenced in the near future.
Today, I learned about how a trial ends, with closing arguments, jury instructions, their deliberation, and a verdict. Of course, sometimes, a jury doesn't end with a verdict, or they do end up with a verdict but it takes them days to deliberate. But the case today was that they gave a verdict. I also reflected upon the important responsibility that jurors have: to weigh the evidence and make a decision to which each and every juror must agree.
If you noticed, besides the use of the judge's name, no other names were used in any of these posts. Although one could easily learn the names of the victims simply by ordering a transcript from the Clerk of Courts of the Lucas County Court of Common Pleas, I have decided not to mention them out of respect for the family. More information on the case, such as the names of the parties involved, can be found on the page "Appendix to the Trial."
Throughout this week, I will be attending a trial in the Lucas County Court of Common Pleas for a rape case with Judge Zmuda presiding. This is the fourth and last in a series of multiple posts about the trial. Each post will document that day's proceedings and what I learned.
The defendant decided to testify in his own defense as a witness. Before he was able to testify, the judge had to make sure that the defendant understood that his agreement to testify meant that he would have to be cross-examined, which could potentially put case out of his control. The judge also made sure that the defendant knew he was agreeing to waive his right to remain silent and put it on the record.
The defendant's lawyer asked him many questions about the floor plan of the house and his interactions with the children in the family. The defendant was also asked about his history before moving into the victims' residence and what he did after moving out. He stated that he was living in Tennessee, unable to find work, and asked his cousin if he could move in with him in Toledo. After the defendant moved out, he relocated to California for a job. He later returned to northwest Ohio and subsequently moved in with his mother. The defendant was also asked about his role and responsibilities in the household, to which he responded that he was to babysit his cousin's six children and do some house chores. Finally, the defendant was asked about what the children's daily routine was.
During cross-examination, the defendant was asked many difficult questions, such as what exact events happened when he was alone with the six children, what happened when he and the children would watch movies on the couch together, and what the sleeping arrangements of the children were. The prosecutor also flat-out asked the defendant if he had ever inappropriately touched the victims, to which he responded no. The prosecutor kept asking questions about the charges and allegations pertaining to this case, all of which he continued to deny. The prosecutor found out that the defendant was aware of the charges against him after he returned to northwest Ohio, and stated that the defendant took no initiative to go to the police when he learned about the charges because he knew he was in trouble.
The defendant then testified on his lawyer's redirect. He was asked if he was under any obligation to go come back from California and if California is a faraway place. The defendant answered California is very far away, and that he was under no obligation to return to northwest Ohio; it was all on his own free will. When asked why he didn't make any inquiries to Washington Township police about his charges, the defendant stated that this was because the police didn't come to him and that he was never under any impression that there was an obligation to contact police. The defense then rested its case.
After a brief ten minute break, the judge read the jury its instructions. He explained that the jurors' job is to make a decision of the defendant's guilt based on the evidence presented in the trial and to apply the law to the decision they make. As stated before, until the state proves a defendant guilty beyond a reasonable doubt, he is innocent. The instructions stated that the jury must consider the credibility of each witness to weight the evidence, and that a jury can choose to believe or not believe what a witness says. The judge also reminded that indictments against a defendant are not evidence. These were just some of the instructions that the judge gave to the jury, with many more other instructions that they had to follow.
Following the jury instructions were the closing arguments. Made to the jury, these are to summarize and reiterate the points of each side. There are three closing arguments: two from the prosecution and one from the defense. The prosecution always goes first and last.
The prosecution began by stating they had succeeded in proving the defendant guilty beyond a reasonable doubt just by the testimonies of the three victims. The prosecutor repeated the prosecution's view that the defendant was guilty. She explained how the defendant would be proven guilty beyond a reasonable doubt on each of the six counts by synthesizing and reviewing all of the relevant evidence for the jury to hear. She argued that the defendant was proven guilty by just the testimonies of the boys which corroborated each other, also stating that her victim witnesses were credible because there was no reason to make up the story and go through the unpleasant investigation system for nothing. During this time, she also refuted the defense witness's claim of "interview bias" (for more information about this, see blog post "1-14-2015: The Defense").
In the defense's closing argument, the defense lawyer reminded jurors to make sure the deliberation is fair for the defendant and to separate emotions and sympathy for victims from the actual evidence; as the defense lawyer stated, emotions and sympathy are not evidence. He cited the victims' mother's testimony on Tuesday in which she said she was mad at herself for not having seen the signs that her sons were being abused; the defense lawyer stated that if she didn't see the signs, it could be because the alleged events didn't happen. He also said that testimony from the physician specializing in child abuse was extremely inconclusive, saying that he only made the diagnosis based on the victims' interviews at children services and that a lack of physical evidence from the children from the anal examination renders his testimony useless. Finally, he restated the errors that the children services staff member made in questioning the children, and argued there were many instances of interview bias, which changed and manipulated the answers from what they really were.
The prosecution ended the trial with their second closing argument, in disagreement with the defense's claims. The prosecutor restated to the jury that there were many testimonies and other pieces of evidence that corroborated each other. He dismissed the claims of interview bias as ridiculous, arguing there was no other interest that could have possibly influenced how the victims and their parents answered to the police, to children services, and to the court. Finally, the prosecutor reminded the jury of the physician's testimony that anal tissue is able to repair quickly and normally, which is the reason why he was unable to obtain any physical evidence. That was it. The jury was excused to the jury room to deliberate, and the waiting began.
Finally, after more than three hours of deliberation, I was informed that a verdict was reached. As read by the criminal bailiff, the jury found the defendant guilty on all six counts of rape. After the charges were read, the judge thanked the jury for its service, and court was adjourned. The trial was over. The defendant will be sentenced in the near future.
Today, I learned about how a trial ends, with closing arguments, jury instructions, their deliberation, and a verdict. Of course, sometimes, a jury doesn't end with a verdict, or they do end up with a verdict but it takes them days to deliberate. But the case today was that they gave a verdict. I also reflected upon the important responsibility that jurors have: to weigh the evidence and make a decision to which each and every juror must agree.
If you noticed, besides the use of the judge's name, no other names were used in any of these posts. Although one could easily learn the names of the victims simply by ordering a transcript from the Clerk of Courts of the Lucas County Court of Common Pleas, I have decided not to mention them out of respect for the family. More information on the case, such as the names of the parties involved, can be found on the page "Appendix to the Trial."
Wednesday, January 14, 2015
1-14-2015: The Defense
Throughout this week, I will be attending a trial in the Lucas County Court of Common Pleas for a rape case with Judge Zmuda presiding. This is the third in a series of multiple posts about the trial. Each post will document that day's proceedings and what I learned.
The trial continued today after the prosecution concluded their presentation of evidence yesterday. This means that it was the defense's turn to present its case with evidence.
The defense began with a defense witness who is a clinical psychologist. After viewing some videos from children services, the psychologist made a claim that the staff member from children services made many mistakes in asking the victims questions. Although he stated that children are, to an extent, able to accurately describe past events, he argued that the staff member at children services didn't use best method of asking the victims questions about the alleged events. He also stated that there was a possibility of interview bias in interviews at children services due to how the questions were asked. In this case, it means that the interviewer unintentionally asked questions to the children in a manner that expected only specific answers, regardless of the question that was actually asked. An example of how this could happen is if the interviewer says "good job" after a question is answered, potentially biasing all answers after that comment from the interviewer.
The prosecution cross-examined the psychologist primarily by asking about his background, training, how much he gets paid, and an overview of forensic interviewing. Many questions were about methods and issues with interviewing a child victim, such as how to properly pose questions to child victims in order to get the most accurate answers from them. The prosecution also asked some more questions about signs of pedophilia. The prosecution didn't seem to be convinced about everything that the psychologist said about methods of asking questions and interview bias, and asked many questions during its cross-examination.
Yesterday, I said I learned a lot about prosecutors. But I also learned a lot about defense lawyers. This particular defense lawyer is also very articulate and careful, wary of any misstep. However, he was prepared. He took many notes throughout the entire trial. It looks like he knows what he's doing. It is very difficult to tell where the trial will tomorrow. We'll have to wait and see.
The trial continued today after the prosecution concluded their presentation of evidence yesterday. This means that it was the defense's turn to present its case with evidence.
The defense began with a defense witness who is a clinical psychologist. After viewing some videos from children services, the psychologist made a claim that the staff member from children services made many mistakes in asking the victims questions. Although he stated that children are, to an extent, able to accurately describe past events, he argued that the staff member at children services didn't use best method of asking the victims questions about the alleged events. He also stated that there was a possibility of interview bias in interviews at children services due to how the questions were asked. In this case, it means that the interviewer unintentionally asked questions to the children in a manner that expected only specific answers, regardless of the question that was actually asked. An example of how this could happen is if the interviewer says "good job" after a question is answered, potentially biasing all answers after that comment from the interviewer.
The prosecution cross-examined the psychologist primarily by asking about his background, training, how much he gets paid, and an overview of forensic interviewing. Many questions were about methods and issues with interviewing a child victim, such as how to properly pose questions to child victims in order to get the most accurate answers from them. The prosecution also asked some more questions about signs of pedophilia. The prosecution didn't seem to be convinced about everything that the psychologist said about methods of asking questions and interview bias, and asked many questions during its cross-examination.
Yesterday, I said I learned a lot about prosecutors. But I also learned a lot about defense lawyers. This particular defense lawyer is also very articulate and careful, wary of any misstep. However, he was prepared. He took many notes throughout the entire trial. It looks like he knows what he's doing. It is very difficult to tell where the trial will tomorrow. We'll have to wait and see.
1-14-2015: Arraignments
Today, Judge Zmuda had a criminal arraignment docket full of individuals charged with varying offenses, from robbery, to domestic violence, to possession of illegal drugs. It took about an hour, and I learned how arraignments work in some more detail than what I had learned at the Toledo Municipal Court. Note that although the docket is called a "criminal arraignment docket," it does not necessarily mean that there are only arraignments. The only difference here regarding the arraignments was that the indictments against the defendant were felony charges, compared to municipal court indictments, which were traffic violations and misdemeanor charges (for more information about the difference between a municipal court and a court of common pleas, see blog post "1-9-2015: Criminal Defense").
If a defendant doesn't have a lawyer at the time of his arraignment, the judge will ask him if one should be appointed, if he is able to hire one, or if he would like to represent himself. Depending on the type of response given, the judge will then grant time for a defendant to hire a lawyer or the judge will appoint a lawyer for the defendant. Either way, the judge will then reschedule the arraignment for another date.
When the arraignment is ready to proceed, the defendants will be asked how they plead. A defendant may plead guilty, no contest, not guilty, or not guilty by reason of insanity (for more information about how a defendant pleads during an arraignment, see blog post "1-9-2015: Criminal Defense"). At this time, the defendant may also request a pretrial hearing.
The court also heard cases of probation and community control violations. The defendants and their lawyers asked for another chance, arguing the defendant should have one by demonstrating that the defendant had been in good behavior along with other applicable evidence in attempt to show to the judge why the defendant deserves one.
There was a strange case of a defendant who had rejected a plea agreement, but changed his mind an hour later and stated to the judge that he would like to accept. Throughout the hearing, the judge was very clear in explaining to the defendant that by accepting the plea agreement, he would waive his right to a trial and appeal. He tried make sure that the defendant understood the terms and other pertinent information about the plea agreement before accepting his request. It remains unclear what prompted the defendant to change his mind about the plea agreement.
Finally, there was an interesting request from a defendant for his criminal record to be sealed for an offense that had happened sixteen years ago. He convincingly explained that sealing his record would permit better work opportunities for him. He also stated that the offense took place when, as the judge completed his thought, when he "was a different man." The defendant had changed a lot since the offense, with no new offenses. The judge said this is the perfect reason why defendants can ask to seal records. He granted his motion.
I enjoyed watching today's arraignment docket more than watching arraignments at the Toledo Municipal Court because I could better understand what was happening in the courtroom. This is because all of the parties were speaking loudly and clearly for others to hear. In addition, I have a copy of the entire criminal arraignment docket for this courtroom, and the proceedings don't seem to be as rushed as those in the Toledo Municipal Court. Because of this, I was able to keep up and learn more about what happens during proceedings like these. I now understand arraignments better than I did before.
If a defendant doesn't have a lawyer at the time of his arraignment, the judge will ask him if one should be appointed, if he is able to hire one, or if he would like to represent himself. Depending on the type of response given, the judge will then grant time for a defendant to hire a lawyer or the judge will appoint a lawyer for the defendant. Either way, the judge will then reschedule the arraignment for another date.
When the arraignment is ready to proceed, the defendants will be asked how they plead. A defendant may plead guilty, no contest, not guilty, or not guilty by reason of insanity (for more information about how a defendant pleads during an arraignment, see blog post "1-9-2015: Criminal Defense"). At this time, the defendant may also request a pretrial hearing.
The court also heard cases of probation and community control violations. The defendants and their lawyers asked for another chance, arguing the defendant should have one by demonstrating that the defendant had been in good behavior along with other applicable evidence in attempt to show to the judge why the defendant deserves one.
There was a strange case of a defendant who had rejected a plea agreement, but changed his mind an hour later and stated to the judge that he would like to accept. Throughout the hearing, the judge was very clear in explaining to the defendant that by accepting the plea agreement, he would waive his right to a trial and appeal. He tried make sure that the defendant understood the terms and other pertinent information about the plea agreement before accepting his request. It remains unclear what prompted the defendant to change his mind about the plea agreement.
Finally, there was an interesting request from a defendant for his criminal record to be sealed for an offense that had happened sixteen years ago. He convincingly explained that sealing his record would permit better work opportunities for him. He also stated that the offense took place when, as the judge completed his thought, when he "was a different man." The defendant had changed a lot since the offense, with no new offenses. The judge said this is the perfect reason why defendants can ask to seal records. He granted his motion.
I enjoyed watching today's arraignment docket more than watching arraignments at the Toledo Municipal Court because I could better understand what was happening in the courtroom. This is because all of the parties were speaking loudly and clearly for others to hear. In addition, I have a copy of the entire criminal arraignment docket for this courtroom, and the proceedings don't seem to be as rushed as those in the Toledo Municipal Court. Because of this, I was able to keep up and learn more about what happens during proceedings like these. I now understand arraignments better than I did before.
Tuesday, January 13, 2015
1-13-2015: Witnesses' Testimonies
Throughout this week, I will be attending a trial in the Lucas County Court of Common Pleas for a rape case with Judge Zmuda presiding. This is the second in a series of multiple posts about the trial. Each post will document that day's proceedings and what I learned.
The trial continued today with the prosecution calling witnesses to testify. Witnesses ranged from the three victims, to individuals in the household, to a physician who examined the victims, to a detective. When witnesses were called, they were first asked who they were, and questions moved closer and closer to what happened. Anything that a witness says is a response to a prosecutor's question or the defense's cross-examination.
The three victims are brothers, all under the age of ten at the time of the offenses, living in the same household with three younger siblings. The defendant is indicted on six counts of rape (two counts per victim), a cousin of the victims' father, and was living in the victims' family home for a short period of time in 2013.
The first witness of the day was the mother of the victims. The victims reported the abuse to their mother some months after the rapes occurred, which prompted her and her husband to immediately call 911, leading to a police officer being immediately dispatched to the family home. She became emotional when the prosecutor asked her to relive the day the victims came forward with the allegations. For reasons I do not know, many questions were met with objections from the defense, most of which were overruled and others that were sustained. The mother continued her testimony in stating that her children were extremely scared to report the abuse. She was extremely emotional throughout the entire duration on the witness stand.
After this, the defense lawyer cross-examined her, asking further questions, such as asking for more specific details when the police officer came to her house after calling 911. The defense lawyer also asked about the layout of her house, such as where specific rooms in the house were, such as the rooms where the abuse allegedly took place, in relation to the front door and the living room. When this was done, the prosecution called the next witness. The same process of the prosecution calling witnesses, asking questions, and allowing the defense to object to questions and cross-examine continued for the entire day.
There were many instances during the testimonies of other witnesses during which the defense objected to the questions asked, but I assume this is because the defense believes that the questions are inappropriate or irrelevant to the state's goal of proving the defendant guilty.
It was very difficult listening to the each of victims being individually questioned by the prosecutor, all brothers who were only nine, seven, and five years of age. I felt awful when they all said that the defendant had done something strange or bad to them. The oldest boy was almost trembling when he was explaining how the defendant took off his clothes, molested him, and warned him of the presence of consequences if he were to report the abuse. The nine year old's recount of the words that the defendant told him during the alleged acts were sick and frightening. He also told the court of when the defendant forced him to watch pornography on the living room couch with him. When the prosecutor asked the nine year old why he didn't report the abuse to his parents sooner, he said that he was afraid of the consequences.
The defense cross-examined all victims after their testimonies regarding topics ranging from when the victims' mother would leave the victims home by themselves to be babysat by the defendant, to the types of pets in their home, to once again, the floor plan and layout of the family home.
When a victim was testifying in the courtroom, there was a victim advocate sitting in the gallery at all times. She was always very supportive and patient of the victims, and escorted them in and out of the courtroom. I feel that this is an extremely important job when victims are needed in the courtroom because victims need to feel at ease and have a person they can trust so their time in the courtroom isn't as painful when they are asked to sift through horrible memories in front of others.
An interesting witness was a detective from Toledo Police assigned to this case, but he wasn't involved in the sex crimes unit. He was asked about his education and training, but after that, the prosecution then seemed to become more concerned of getting information about the capabilities of police to retrieve information from media storage devices, such as cell phones and computers. It seemed to me as if he didn't do much investigative work in talking to the victims, but instead did more work in trying to gather information from the defendant by electronic means. I will discuss this more at the end of this post.
An important witness that the prosecution called was a physician who specialized in pediatrics, child physical abuse, and child sexual abuse. The lead prosecutor asked him about his education, current job, and certifications. He also asked him about his other medical work and time in practice. The physician explained that he does medical examinations on children who have had physical and sexual abuse. The prosecutor went on to ask about what happened during the examinations of the victims, such as what the victims said and how they reacted during the examinations. The physician also described how such an exam would be performed. Another question the prosecutor asked was how a child abuse professional makes judgments on whether or not a child has been abused. Finally, the physician was asked to explain some psychological phenomena that go through the minds of victims of abuse.
One thing that I learned today is that prosecutors are very deliberate in their work and actions in the courtroom. They ask the witnesses questions that seem to have been carefully thought out and considered. They move at a relaxed pace and are not pushy in trying to get to the scene when the crime took place. They are extremely patient with witnesses and are able to get what they want in a nonaggressive way. I think that a difficult part of this trial is that the prosecutor had to ask questions to three victims that were so young. Nevertheless, she was good in getting the victims to relax by asking questions such as who was their teacher, what they wanted to do when they grew up, and their favorite school subjects. The younger her victim witnesses were, the more patient she became with them.
I have more unanswered questions today. During testimony from the police detective, there was discussion about the defendant's phone and pornography that was on it, but what was the importance and relevance of that content to the trial? A deputy sheriff was also called as a witness to give some testimony about a phone call that the defendant made from the county jail to another individual about the confiscation of his own cell phone, but I didn't understand why the prosecution wanted her testimony. What is the importance of the phone call from the county jail? These are questions two in my mind for which I will find answers tomorrow.
The trial continued today with the prosecution calling witnesses to testify. Witnesses ranged from the three victims, to individuals in the household, to a physician who examined the victims, to a detective. When witnesses were called, they were first asked who they were, and questions moved closer and closer to what happened. Anything that a witness says is a response to a prosecutor's question or the defense's cross-examination.
The three victims are brothers, all under the age of ten at the time of the offenses, living in the same household with three younger siblings. The defendant is indicted on six counts of rape (two counts per victim), a cousin of the victims' father, and was living in the victims' family home for a short period of time in 2013.
The first witness of the day was the mother of the victims. The victims reported the abuse to their mother some months after the rapes occurred, which prompted her and her husband to immediately call 911, leading to a police officer being immediately dispatched to the family home. She became emotional when the prosecutor asked her to relive the day the victims came forward with the allegations. For reasons I do not know, many questions were met with objections from the defense, most of which were overruled and others that were sustained. The mother continued her testimony in stating that her children were extremely scared to report the abuse. She was extremely emotional throughout the entire duration on the witness stand.
After this, the defense lawyer cross-examined her, asking further questions, such as asking for more specific details when the police officer came to her house after calling 911. The defense lawyer also asked about the layout of her house, such as where specific rooms in the house were, such as the rooms where the abuse allegedly took place, in relation to the front door and the living room. When this was done, the prosecution called the next witness. The same process of the prosecution calling witnesses, asking questions, and allowing the defense to object to questions and cross-examine continued for the entire day.
There were many instances during the testimonies of other witnesses during which the defense objected to the questions asked, but I assume this is because the defense believes that the questions are inappropriate or irrelevant to the state's goal of proving the defendant guilty.
It was very difficult listening to the each of victims being individually questioned by the prosecutor, all brothers who were only nine, seven, and five years of age. I felt awful when they all said that the defendant had done something strange or bad to them. The oldest boy was almost trembling when he was explaining how the defendant took off his clothes, molested him, and warned him of the presence of consequences if he were to report the abuse. The nine year old's recount of the words that the defendant told him during the alleged acts were sick and frightening. He also told the court of when the defendant forced him to watch pornography on the living room couch with him. When the prosecutor asked the nine year old why he didn't report the abuse to his parents sooner, he said that he was afraid of the consequences.
The defense cross-examined all victims after their testimonies regarding topics ranging from when the victims' mother would leave the victims home by themselves to be babysat by the defendant, to the types of pets in their home, to once again, the floor plan and layout of the family home.
When a victim was testifying in the courtroom, there was a victim advocate sitting in the gallery at all times. She was always very supportive and patient of the victims, and escorted them in and out of the courtroom. I feel that this is an extremely important job when victims are needed in the courtroom because victims need to feel at ease and have a person they can trust so their time in the courtroom isn't as painful when they are asked to sift through horrible memories in front of others.
An interesting witness was a detective from Toledo Police assigned to this case, but he wasn't involved in the sex crimes unit. He was asked about his education and training, but after that, the prosecution then seemed to become more concerned of getting information about the capabilities of police to retrieve information from media storage devices, such as cell phones and computers. It seemed to me as if he didn't do much investigative work in talking to the victims, but instead did more work in trying to gather information from the defendant by electronic means. I will discuss this more at the end of this post.
An important witness that the prosecution called was a physician who specialized in pediatrics, child physical abuse, and child sexual abuse. The lead prosecutor asked him about his education, current job, and certifications. He also asked him about his other medical work and time in practice. The physician explained that he does medical examinations on children who have had physical and sexual abuse. The prosecutor went on to ask about what happened during the examinations of the victims, such as what the victims said and how they reacted during the examinations. The physician also described how such an exam would be performed. Another question the prosecutor asked was how a child abuse professional makes judgments on whether or not a child has been abused. Finally, the physician was asked to explain some psychological phenomena that go through the minds of victims of abuse.
One thing that I learned today is that prosecutors are very deliberate in their work and actions in the courtroom. They ask the witnesses questions that seem to have been carefully thought out and considered. They move at a relaxed pace and are not pushy in trying to get to the scene when the crime took place. They are extremely patient with witnesses and are able to get what they want in a nonaggressive way. I think that a difficult part of this trial is that the prosecutor had to ask questions to three victims that were so young. Nevertheless, she was good in getting the victims to relax by asking questions such as who was their teacher, what they wanted to do when they grew up, and their favorite school subjects. The younger her victim witnesses were, the more patient she became with them.
I have more unanswered questions today. During testimony from the police detective, there was discussion about the defendant's phone and pornography that was on it, but what was the importance and relevance of that content to the trial? A deputy sheriff was also called as a witness to give some testimony about a phone call that the defendant made from the county jail to another individual about the confiscation of his own cell phone, but I didn't understand why the prosecution wanted her testimony. What is the importance of the phone call from the county jail? These are questions two in my mind for which I will find answers tomorrow.
Monday, January 12, 2015
1-12-2015: Voir dire
Throughout this week, I will be attending a trial in the Lucas County Court of Common Pleas for a rape case with Judge Zmuda presiding. This is the first in a series of multiple posts about the trial. Each post will document that day's proceedings and what I learned.
The Lucas County Court of Common Pleas is often called state court, because individuals in this court are charged with state crimes. There is one common pleas court per county in the state of Ohio. This is a comparison between the federal court, in which individuals are charged with federal crimes.
All trials begin with a process called voir dire, which when the jury selected. The term voir dire comes from Old French meaning "to speak the truth" (side note: many individuals told me that this term comes from French when it actually comes from Old French; voir dire actually translates to "to see and say" in Modern French, which left me confused and thinking they were all wrong until I just now searched it).
The jury selection begins when all prospective jurors enter the courtroom and are sworn in. The prosecution and the defense then introduce themselves. Right away, Judge Zmuda begins to ask questions, starting with if jurors know individuals from either of the parties. The judge then reads the defendant's charges and asks the jurors if there is anything that may prevent them from making a fair and impartial decision. This is the first of many times that Judge Zmuda will ask the jurors this question. I see that although not much has happened, I already see prospective jurors becoming emotional from thinking of their past experiences when being asked what is the reason why they are unable to make a fair and impartial decision. This results in the excusal of three prospective jurors.
Judge Zmuda continued by reading names of witnesses, victims, and other individuals involved in the case, and asked the prospective jurors if they knew these individuals. Another question that the judge asked was if individuals had previously served on a jury, and if so, he asked for details regarding the trial. During all of the questioning, both the prosecution and the defense are taking careful notes of each individual and are thinking of questions that they would later ask.
The questions moved on to family to see if any individuals or their family members have ever been victims of a similar crime, have been arrested for a similar charge, or have ever worked for a law enforcement agency. Although they seemed to become very intimate, Judge Zmuda explained to jurors that although he wishes to respect privacy, he is doing his job in asking these questions and needs to do so to uncover any potential bias for either party.
The judge continued and asked about the personal lives of individuals, regarding if they have kids, where they work, their family, if they are married, what amount of education they have, and their age. Although some individuals were hesitant to answer, Judge Zmuda promised to keep all responses about age between him and the court.
The judge did all of the asking of the questions for an hour and fifteen minutes, but after that, the prosecutor began to ask questions of the jurors. Directed towards the entire group of potential jurors, the prosecutor informed them of the defendant's rights just to make sure that jurors know they cannot hold anything against a defendant using his rights (such as the right to remain silent, right to have a lawyer, etc.). The prosecutor also explained to all prospective jurors that they must make their decision solely based on the evidence presented in court without speculation, and asked jurors to disclose if they felt they would be unable to do so.
After this, the prosecutor asked individual questions directed towards specific jurors based on their previous answers to questions Judge Zmuda asked. For example, a potential juror who worked in finances was asked about how he made banking decisions, in order to make sure that how he makes banking decisions would not affect his impartiality to make a decision during deliberation. After the prosecutor finished, the defense lawyer asked questions they felt were necessary to uncover any more potential biases about jurors and to make sure that they understood the concept of "a defendant is innocent until proven guilty."
One by one, throughout the entire jury selection process, jurors were excused based on answers to questions that may have affected a juror's ability to be impartial. Finally, after about four hours of voir dire, a jury was finally selected, and all jurors not selected were excused.
There are numerous rules by which jurors must abide. Jurors cannot:
-talk to other jurors until deliberation
-talk to others about the trial or parties involved in the trial until after a verdict is reached
-learn anything about the case through any means
-talk to anyone involved in the case
-tell anyone that they are on a jury
-have preconceived ideas about a defendant until deliberation
-speculate answers to questions that received an objection from the judge
Although these rules are very restrictive, I agree that they are necessary in order to prevent any bias from the jury in fairness to both the prosecution and to the defense.
Finally, opening statements begin. The prosecution goes first and makes the first opening statement. In fact, the prosecution always goes first because they have the burden of proof. The defense makes an opening statement. Opening statements serve to explain to the jurors what is going on, to focus the jury and remind individuals of their roles, and to give an overview of what each side will do throughout the trial.
After opening statements, the prosecution begins to call witnesses to testify in attempting to prove the defendant guilty beyond a reasonable doubt.
I learned today that the job of a juror is extremely important, and that when individuals are summoned for jury duty, courts ask them to donate a lot of time and energy. I found out that the voir dire process is very important in order to find jurors who will be able to do their job of sifting through the evidence and deciding a defendant's guilt without their own personal bias interfering in the decision making process. I think that the concept that the jurors are completely impartial is extremely important, and all parties were careful to make sure jurors knew that a defendant is innocent until the state of Ohio proves his or her guilt beyond a reasonable doubt, and that the state has the burden of proof. This is such an important process because everything needs to go properly to make sure that each aspect of the trial is fair.
One part of today that I didn't quite understand was why it mattered exactly where each juror sat in the juror box. The bailiff didn't seem to assign seats with any pattern or reason, and I will ask why the seating arrangement of the jurors mattered so much.
The Lucas County Court of Common Pleas is often called state court, because individuals in this court are charged with state crimes. There is one common pleas court per county in the state of Ohio. This is a comparison between the federal court, in which individuals are charged with federal crimes.
All trials begin with a process called voir dire, which when the jury selected. The term voir dire comes from Old French meaning "to speak the truth" (side note: many individuals told me that this term comes from French when it actually comes from Old French; voir dire actually translates to "to see and say" in Modern French, which left me confused and thinking they were all wrong until I just now searched it).
The jury selection begins when all prospective jurors enter the courtroom and are sworn in. The prosecution and the defense then introduce themselves. Right away, Judge Zmuda begins to ask questions, starting with if jurors know individuals from either of the parties. The judge then reads the defendant's charges and asks the jurors if there is anything that may prevent them from making a fair and impartial decision. This is the first of many times that Judge Zmuda will ask the jurors this question. I see that although not much has happened, I already see prospective jurors becoming emotional from thinking of their past experiences when being asked what is the reason why they are unable to make a fair and impartial decision. This results in the excusal of three prospective jurors.
Judge Zmuda continued by reading names of witnesses, victims, and other individuals involved in the case, and asked the prospective jurors if they knew these individuals. Another question that the judge asked was if individuals had previously served on a jury, and if so, he asked for details regarding the trial. During all of the questioning, both the prosecution and the defense are taking careful notes of each individual and are thinking of questions that they would later ask.
The questions moved on to family to see if any individuals or their family members have ever been victims of a similar crime, have been arrested for a similar charge, or have ever worked for a law enforcement agency. Although they seemed to become very intimate, Judge Zmuda explained to jurors that although he wishes to respect privacy, he is doing his job in asking these questions and needs to do so to uncover any potential bias for either party.
The judge continued and asked about the personal lives of individuals, regarding if they have kids, where they work, their family, if they are married, what amount of education they have, and their age. Although some individuals were hesitant to answer, Judge Zmuda promised to keep all responses about age between him and the court.
The judge did all of the asking of the questions for an hour and fifteen minutes, but after that, the prosecutor began to ask questions of the jurors. Directed towards the entire group of potential jurors, the prosecutor informed them of the defendant's rights just to make sure that jurors know they cannot hold anything against a defendant using his rights (such as the right to remain silent, right to have a lawyer, etc.). The prosecutor also explained to all prospective jurors that they must make their decision solely based on the evidence presented in court without speculation, and asked jurors to disclose if they felt they would be unable to do so.
After this, the prosecutor asked individual questions directed towards specific jurors based on their previous answers to questions Judge Zmuda asked. For example, a potential juror who worked in finances was asked about how he made banking decisions, in order to make sure that how he makes banking decisions would not affect his impartiality to make a decision during deliberation. After the prosecutor finished, the defense lawyer asked questions they felt were necessary to uncover any more potential biases about jurors and to make sure that they understood the concept of "a defendant is innocent until proven guilty."
One by one, throughout the entire jury selection process, jurors were excused based on answers to questions that may have affected a juror's ability to be impartial. Finally, after about four hours of voir dire, a jury was finally selected, and all jurors not selected were excused.
There are numerous rules by which jurors must abide. Jurors cannot:
-talk to other jurors until deliberation
-talk to others about the trial or parties involved in the trial until after a verdict is reached
-learn anything about the case through any means
-talk to anyone involved in the case
-tell anyone that they are on a jury
-have preconceived ideas about a defendant until deliberation
-speculate answers to questions that received an objection from the judge
Although these rules are very restrictive, I agree that they are necessary in order to prevent any bias from the jury in fairness to both the prosecution and to the defense.
Finally, opening statements begin. The prosecution goes first and makes the first opening statement. In fact, the prosecution always goes first because they have the burden of proof. The defense makes an opening statement. Opening statements serve to explain to the jurors what is going on, to focus the jury and remind individuals of their roles, and to give an overview of what each side will do throughout the trial.
After opening statements, the prosecution begins to call witnesses to testify in attempting to prove the defendant guilty beyond a reasonable doubt.
I learned today that the job of a juror is extremely important, and that when individuals are summoned for jury duty, courts ask them to donate a lot of time and energy. I found out that the voir dire process is very important in order to find jurors who will be able to do their job of sifting through the evidence and deciding a defendant's guilt without their own personal bias interfering in the decision making process. I think that the concept that the jurors are completely impartial is extremely important, and all parties were careful to make sure jurors knew that a defendant is innocent until the state of Ohio proves his or her guilt beyond a reasonable doubt, and that the state has the burden of proof. This is such an important process because everything needs to go properly to make sure that each aspect of the trial is fair.
One part of today that I didn't quite understand was why it mattered exactly where each juror sat in the juror box. The bailiff didn't seem to assign seats with any pattern or reason, and I will ask why the seating arrangement of the jurors mattered so much.
Sunday, January 11, 2015
1-11-2015: Week 1 Q&A
I have written about many different topics during the first week of my independent study. Some topics that I have written about may be difficult to understand because as Judge Helmick explained, many people have no need to understand the judicial system because the majority of the population neither files a lawsuit nor is charged with a crime. Therefore, I am holding a question and answer right here for those who may have some questions or would like clarification. Please leave comments with your questions, and I'll do my best to give you answers as soon as I can.
Saturday, January 10, 2015
1-10-2015: End of Week 1
So my first week learning about the judicial system! I have learned a lot in these five days, and I have connected a lot of what I already know to what I have seen.
One thing that I really enjoyed this week was getting a closer look into the work of lawyers. Ms. Wise and Mr. Rost have been really patient in explaining to me what they do and have opened up their offices for me to learn, explore, and participate. I appreciate the time that both of these lawyers have given to me.
One thing that I haven't explored much yet and still want to explore is the world of the prosecutor. Although I saw a prosecutor in action during the sentencing on Tuesday, I didn't have time to speak to her. I hope that meeting with one is possible, although my (already) tight schedule and plans for what to do during the next two weeks may not allow me to do so.
I have already met some of my goals as follows. I have gained more understanding on how the court works, from federal and state court systems, to arraignments and sentencing proceedings, to avoiding the court altogether in civil disputes with settlement conferences. I learned the views of some different legal professionals, from how a probation officer wants a defendant to be sentenced, to how Judge Zouhary made his decision on how to sentence a defendant, to the steps that Ms. Wise took in trying to protect her organization from lawsuit.
I have two more weeks with many plans on what to do, and I can't wait to see what I'll see!
One thing that I really enjoyed this week was getting a closer look into the work of lawyers. Ms. Wise and Mr. Rost have been really patient in explaining to me what they do and have opened up their offices for me to learn, explore, and participate. I appreciate the time that both of these lawyers have given to me.
One thing that I haven't explored much yet and still want to explore is the world of the prosecutor. Although I saw a prosecutor in action during the sentencing on Tuesday, I didn't have time to speak to her. I hope that meeting with one is possible, although my (already) tight schedule and plans for what to do during the next two weeks may not allow me to do so.
I have already met some of my goals as follows. I have gained more understanding on how the court works, from federal and state court systems, to arraignments and sentencing proceedings, to avoiding the court altogether in civil disputes with settlement conferences. I learned the views of some different legal professionals, from how a probation officer wants a defendant to be sentenced, to how Judge Zouhary made his decision on how to sentence a defendant, to the steps that Ms. Wise took in trying to protect her organization from lawsuit.
I have two more weeks with many plans on what to do, and I can't wait to see what I'll see!
Friday, January 9, 2015
1-9-2015: Criminal Defense
Today, Peter Rost took me around various courts around the the greater Toledo Area. Mr. Rost is a criminal defense lawyer in private practice. He had clients who were defendants of many different charges, from domestic violence, to traffic violations, to resisting arrest. The only proceedings he had today were clients' arraignments and pretrial hearings, which took place in both the Toledo Municipal Court and the Sylvania Municipal Court. We began at the Toledo Municipal Court.
Many people call the Toledo Municipal Court "the people's court." This is because the Toledo Municipal Court receives cases that affect real people more so than cases that appear in the federal court. Cases are more "common offenses" than those that appear in federal court. Another nickname that the Toledo Municipal Court received is "little court," as Mr. Rost told me. This name was given by many of his clients because with the exception of preliminary hearings for felony charges, municipal courts are only able to handle traffic violations and misdemeanors, which are charges that carry relatively little weight.
My day began by watching arraignments. There are so many different cases that the court received, from traffic cases, to drug charges, to probation violations. We moved to different courtrooms, watching different procedures. Most of the proceedings only took two to five minutes each, and most of them today in all of the courtrooms were arraignments.
Arraignments are the first proceedings that defendants go through when they enter the legal system. They enter the legal system by being arrested or being told to come to court. This proceeding is when a judge reads a defendant's charges and asks how the defendant pleads. The options are to enter a plea of guilty, no contest (also called nolo contendere), not guilty, or not guilty by reason of insanity. A plea of guilty means that the defendant admits guilt and will automatically be sentenced (for more information on sentencing procedures, see blog post "1-6-2015: Sentencing"). A plea of no contest means that the defendant accepts the charges but not the guilt. A not guilty or not guilty by reason of insanity plea means that the defendant either denies the offense or has an excuse for the offense. Either plea results in a trial (trials will be discussed next week).
Mr. Rost had a client that he had to defend today for domestic violence charges and fleeing police. Mr. Rost thought that the best thing to do was to request an extension for his client's hearing today. I watched his proceeding happen, and his extension was granted.
Next was the Lucas County Court of Common Pleas. This court mainly handles felonies, a more serious type of charge. Therefore, Mr. Rost's clients know this court as the "big court." Mr. Rost had no clients to defend, so he showed me around to the different courtrooms in the building.
Finally, we ended the day at the Sylvania Municipal Court. Once again, municipal courts can only handle traffic violations and misdemeanors, with all other charges being sent to a common pleas court. In the Sylvania Municipal Court, it was mainly arraignments that were happening, but Mr. Rost had two pretrial proceedings, both of which went well.
Although much of what happened today was difficult to understand because I didn't know what was going on, partly because I didn't know the cases and partly because I couldn't hear the judges and the defendants, I learned the roles of the different courts (a municipal court vs. a common pleas court), and I understand the process that defendants travel through much better now.
Many people call the Toledo Municipal Court "the people's court." This is because the Toledo Municipal Court receives cases that affect real people more so than cases that appear in the federal court. Cases are more "common offenses" than those that appear in federal court. Another nickname that the Toledo Municipal Court received is "little court," as Mr. Rost told me. This name was given by many of his clients because with the exception of preliminary hearings for felony charges, municipal courts are only able to handle traffic violations and misdemeanors, which are charges that carry relatively little weight.
My day began by watching arraignments. There are so many different cases that the court received, from traffic cases, to drug charges, to probation violations. We moved to different courtrooms, watching different procedures. Most of the proceedings only took two to five minutes each, and most of them today in all of the courtrooms were arraignments.
Arraignments are the first proceedings that defendants go through when they enter the legal system. They enter the legal system by being arrested or being told to come to court. This proceeding is when a judge reads a defendant's charges and asks how the defendant pleads. The options are to enter a plea of guilty, no contest (also called nolo contendere), not guilty, or not guilty by reason of insanity. A plea of guilty means that the defendant admits guilt and will automatically be sentenced (for more information on sentencing procedures, see blog post "1-6-2015: Sentencing"). A plea of no contest means that the defendant accepts the charges but not the guilt. A not guilty or not guilty by reason of insanity plea means that the defendant either denies the offense or has an excuse for the offense. Either plea results in a trial (trials will be discussed next week).
Mr. Rost had a client that he had to defend today for domestic violence charges and fleeing police. Mr. Rost thought that the best thing to do was to request an extension for his client's hearing today. I watched his proceeding happen, and his extension was granted.
Next was the Lucas County Court of Common Pleas. This court mainly handles felonies, a more serious type of charge. Therefore, Mr. Rost's clients know this court as the "big court." Mr. Rost had no clients to defend, so he showed me around to the different courtrooms in the building.
Finally, we ended the day at the Sylvania Municipal Court. Once again, municipal courts can only handle traffic violations and misdemeanors, with all other charges being sent to a common pleas court. In the Sylvania Municipal Court, it was mainly arraignments that were happening, but Mr. Rost had two pretrial proceedings, both of which went well.
Although much of what happened today was difficult to understand because I didn't know what was going on, partly because I didn't know the cases and partly because I couldn't hear the judges and the defendants, I learned the roles of the different courts (a municipal court vs. a common pleas court), and I understand the process that defendants travel through much better now.
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