Notes for Unit 4: Chapters 5-8 - Criminal Jury Trials

Criminal Jury Trials: Comprehensive Notes (Chapters 5–8 Overview)

• This unit covers chapters 5–8 and focuses on terminology, concepts, and the sequence of a typical criminal jury trial, with some comparison to civil matters. The emphasis is on understanding how all pieces fit together and the roles you would play as a court reporter in a criminal setting.
• Distinctions:
  • Criminal matters: crimes against society; punishment can include imprisonment and, in some jurisdictions, the death penalty.
  • Civil matters: disputes between individuals; redress is typically financial, aiming to restore the plaintiff to a prior position.
• Core rights and protections discussed:
  • The U.S. Constitution and Bill of Rights protect individual rights, including due process and protections against double jeopardy and unreasonable searches and seizures.
  • Due process of law is a cornerstone requirement before depriving life, liberty, or property.
• The chapter aims to move from vocabulary to understanding how a criminal trial unfolds and the roles within, including the court reporter’s responsibilities.

The Grand Jury and Indictment

• Grand jury as a citizen jury (usually county-wide) used to determine whether there is probable cause to believe that a crime has been committed and that the person before them may be guilty.
• Typical composition: 23 members.
• Functions:
  • Listen to investigative and accusatory matters, obtain witness statements, and review documents and sworn testimonies.
  • Decide whether to indict (true bill) or decline to indict (no bill).
• Relationship to prosecutors:
  • The public officer in charge (often the prosecuting attorney, state's attorney, district attorney, or county attorney) presents matters to the grand jury.
• Judge’s role:
  • A presiding judge administers oaths and instructs the grand jury about the law and duties; grand jury proceedings can be formal or informal in different locales.
• Recordkeeping:
  • The court reporter’s role in grand jury matters is usually to report the proceedings, but a full transcript is often not produced.
• Outcomes:
  • If the grand jury returns an indictment, it issues a formal charge; this is also known as a true bill.
  • If there is insufficient evidence, the grand jury returns a no bill.
• Related terms:
  • Indictment = true bill; no indictment = no bill.
• Related materials:
  • See page 73 of the textbook for the question/answer format used in grand jury procedures.
• Coroner’s inquest may also be presented in some cases as part of the accusatory process.
• Court reporter’s notes:
  • Grand jury proceedings are sworn investigations; reporters maintain a verbatim or near-verbatim record, though not always transcribed in full.

Preliminary Examinations and Indictment Process

• Preliminary examination (probable cause hearing):
  • Held to determine whether there is enough evidence to hold the defendant over for trial in a higher court.
  • Conducted by a justice of the peace, judge, or magistrate.
  • Prosecution presents evidence (oral or physical); the defendant may be present or not.
  • If probable cause is shown, the defendant is held for trial; if not, the defendant may be acquitted or released.
• Relation to grand jury:
  • In some cases, the preliminary examination replaces a grand jury indictment; in others, it occurs after an arrest and before trial to establish probable cause.
• Outcomes:
  • Holding order: binds the defendant over for trial.
  • Acquittal or release: if there is no probable cause.
• Rules of evidence:
  • Core rules of evidence apply in preliminary examinations just as in regular trials; these rules guide witness testimony and exhibits.
• Role of the court reporter:
  • Court reporters may be assigned to preliminary examinations; transcription status depends on whether the defendant is held for trial.
• Textbook references:
  • See figures in Chapter 3 (Fig. 3.2 for preliminary examination; Fig. 3.3 for grand jury testimony) for visual formats of these proceedings.

Arraignment and Pleas

• Arraignment:
  • A hearing where the accused is brought before the court to enter a plea and to be informed of constitutional rights.
• Pleas:
  • Guilty
  • Not guilty
  • Nolo contendere (no contest): not admitting guilt but not contesting the charge.
• Transcript form:
  • Plea colloquy transcripts are typically set up as a colloquy (see Chapter 3, Fig. 3.4).
• Recognizance:
  • A pretrial release mechanism where the defendant agrees to appear for future proceedings, sometimes with a bond or recognizance guarantee.

Sentencing Framework: Concurrent vs Consecutive

• Concurrent sentences:
  • Served at the same time; the overall time equals the maximum of the individual sentences.
  • Example implication: if there are two offenses with different penalties, the sentence runs concurrently; once the longer one finishes, the shorter one ends as well.
• Consecutive sentences:
  • Served one after the other; total time equals the sum of the individual sentences.
  • Example: if one offense carries L1 years and another L2 years, the total equals L1 + L2 when served consecutively.
• Context:
  • The defendant may plead not guilty and go to trial; post-verdict, sentencing may occur immediately or after a separate date.

Pretrial Procedures and Settlement

• Pretrial hearings:
  • Can simplify the process, amend pleadings, or allow stipulations to agreed issues, potentially settling matters without a full trial.
• Plea negotiations:
  • Often involve stipulations and negotiated settlements to avoid trial.
• Bail considerations:
  • Depending on the case, defendants may be kept in jail, arraigned again, released on recognizance, or released on bond with a bondsman guarantee.

Trial by Jury: Overview and Jury Selection

• Right to trial by jury:
  • Every person has this right in criminal matters; in civil matters, the right may be waived in some jurisdictions.
• Jury venire and selection:
  • Prospective jurors are chosen according to state constitutional and statutory provisions.
  • The jury pool comes from commonly used sources such as voter registrations, vehicle registrations, property tax rolls, or other state-specific methods.
  • The Central Jury Room can contain hundreds of people to form a jury for a given case.
• Voir dire:
  • The process of questioning potential jurors to determine suitability for a case.
  • In Texas, this is pronounced voir dire and is used to assess age, hair color, perceived biases, etc., and to determine if exemptions apply.
  • The term derives from the French phrase meaning to speak the truth.
• Veniremen:
  • The jury pool is sometimes referred to as veniremen (the actual prospective jurors).
• Challenges during voir dire:
  • Peremptory challenges: allowed by statute; no reason required (though not for race or sex in some jurisdictions, due to constitutional protections).
  • Challenges for cause: require a stated reason (e.g., a relationship to someone in the case, potential bias).
• Challenge to the array:
  • A challenge to the entire panel to replace it with a more representative group of peers.
• Sequestration:
  • Isolation of jurors from exposure to outside information; jurors are kept in hotel rooms, etc., to avoid prejudicial influence.
• Personal note on jury duty (illustrative anecdote):
  • A custody case example highlighted how voir dire questions can reveal biases (e.g., regarding grandparents as caregivers) and how they can lead to a juror being excused or challenged for cause/peremptory reasons.

The Trial Itself: Sequence and Key Features

• Opening statements:
  • Plaintiff’s opening statement begins the criminal trial (in criminal cases, the plaintiff is the State or the prosecuting office).
  • The opening statement outlines the factual theory and the plan for presenting evidence.
• Plaintiff’s case in chief:
  • The prosecutor presents witnesses and exhibits to establish the case against the defendant.
  • Direct examination: conducted by the attorney who called the witness.
• Defendant’s case in chief:
  • The defense presents its witnesses and exhibits to counter the prosecution’s case.
• Rebuttal and surrebuttal:
  • Rebuttal: follow-up evidence to counter the defense’s case.
  • Surrebuttal: counter-rebuttal by the defense, if allowed.
• Depositions, bench conferences, and sidebars:
  • Depositions may be used as evidence in some contexts.
  • Bench conferences (sidebar) occur outside the hearing of the jury; the judge, attorneys, and stenographer discuss matters.
  • Whether a sidebar is on the record is up to the judge.
• Jury visits:
  • The jury may be taken to the scene to observe conditions related to the case; reporters may accompany.
• Closing arguments:
  • Each side summarizes the evidence and emphasizes its theory of the case.
• Jury instructions (jury charge) and Allen charge:
  • The judge delivers the jury charge, outlining admissible considerations and the legal standards.
  • The Allen charge is a specific instruction encouraging jurors to deliberate and consider the defense and prosecution’s positions seriously.
  • The courtroom uses a standard set of phrases (e.g., “ladies and gentlemen of the jury”) and standardized briefs or shortcuts to streamline writing the charge.
• Deliberations and verdicts:
  • The jury deliberates in private to reach a verdict.
  • Verdicts are reported verbatim by the official court reporter.
  • The court records the times the jury begins deliberations and when they enter/exit the courtroom with parenthetical notation (example on page 80).
• Post-verdict procedures:
  • A directed verdict or special issues may be used in some cases.
  • Sentencing may occur immediately after verdict or at a later date (often weeks later).
• Exhibits and evidence handling:
  • Exhibits are first marked for identification before discussion.
  • If admitted, they are marked as received into evidence.
  • The court reporter marks and maintains a record of all exhibits.
• Transcript expectations:
  • All verdicts are transcribed; any sentencing or ongoing actions are recorded.
  • Any attorney comments, exceptions, or motions by the losing party are part of the record.
• Important note on evidence:
  • Evidence can be physical (document, object) or oral (witness testimony).
  • The distinction between what is identified for identification and what is actually admitted into evidence is crucial in the record.

Role of the Court Reporter in Trials and Grand Jury Contexts

• Grand jury:
  • The court reporter swears to secrecy and may read back portions of testimony upon request.
  • Grand jury proceedings do not involve a defendant; witnesses testify behind closed doors.
  • The results are a true bill or a no bill; the record is taken verbatim and may be transcribed depending on jurisdiction.
• Preliminary examinations:
  • The court reporter records the proceedings similarly to a regular trial, noting both oral and physical evidence presented.
  • The holding order or acquittal is the outcome.
• Arraignment and sentencing:
  • The reporter records the arraignment proceedings and any subsequent sentencing proceedings, including the plea and any conditions of bail or recognizance.
• Voir dire and jury selection:
  • The reporter records voir dire proceedings, including challenges (peremptory and for cause) and any jury selection outcomes.
  • If the panel is sequestered or the jury is pulled for a field visit, reporter notes include any related instructions or limitations.
• Trial sequence:
  • The reporter must capture opening statements, direct and cross examinations, witnesses, exhibits, and all objections and sidebars as the trial unfolds.
  • Timekeeping: the reporter records the start and end times of jury deliberations and any re-entries into the courtroom via parentheticals.

Rules of Evidence and Exhibits (Key Points)

• Evidence types:
  • Physical evidence: objects, documents, weapons, etc.
  • Oral evidence: witness testimony.
• Exhibits:
  • Must be marked for identification before discussion.
  • If admitted, exhibits are marked as received into evidence.
• Role of the court reporter:
  • Marking and keeping a precise record of all exhibits.
• Importance of proper evidence handling:
  • Improper handling or misstatements in the jury charge can be grounds for appeal, more often than other aspects of a trial.

Foundational Contexts and Practical Insights

• The material connects to foundational legal principles:
  • The distinction between criminal and civil matters.
  • The purpose of punishment in criminal cases vs. redress in civil cases.
  • The role of due process, double jeopardy protections, and search/seizure limits.
• Real-world relevance:
  • This unit is especially relevant for aspiring court reporters who will document grand jury proceedings, preliminary examinations, and criminal trials.
• Ethical and practical implications:
  • The court reporter’s seal of secrecy in grand jury matters.
  • The accuracy and completeness required in verbatim transcription, including precise time stamps for deliberations and field trips.
• References to textbook figures and pages:
  • Grand jury formats and procedures discussed with reference to page 73 (question/answer format).
  • Preliminary examination formats shown in Chapter 3, Figure 3.2, and grand jury testimony in Figure 3.3.
  • Direct examination example on page 77; voir dire example and other formats on page 77.
  • Jury charge formatting and sample instructions on page 80 (example of parentheticals for jury deliberations).

Quick Summary: Key Terms and Concepts

• Criminal vs Civil matters: crimes against society vs disputes between individuals.
• Felony vs Misdemeanor: felony = more serious crime; may carry death penalty in some jurisdictions.
• Grand jury: typically 23 members; determines probable cause; issues indictment (true bill) or no bill.
• Indictment / True Bill: formal charge by grand jury; no bill = no indictment.
• Preliminary examination: probable cause hearing to determine whether to hold defendant for trial; conducted before a judge or magistrate.
• Arraignment: entry of plea (guilty, not guilty, nolo contendre).
• Pleas: guilty, not guilty, nolo contendere.
• Recognizance: pretrial release with promise to appear; bonds may be posted.
• Voir dire: questioning of prospective jurors to determine suitability; pronunciation in Texas is voir dire, though often heard as voir dire deer.
• Veniremen / Near men: members of the jury pool.
• Challenges to the jury: peremptory challenges, challenges for cause, and challenge to the array.
• Sequestration: isolating the jury to prevent external influence during highly publicized trials.
• Trial phases: opening statements, direct examinations, cross-examinations, redirect, recross, deposition, bench conferences, sidebar, jury visit, closing arguments, jury charge, Allen charge, deliberation, verdict, polling, directed verdict, special issues.
• Evidence handling: exhibits marked for identification, offered into evidence, received into evidence.
• Court reporter’s duties: sworn testimony, read-backs, timekeeping for deliberations, and producing verbatim transcripts.
• Textbook references: Figures 3.2, 3.3, 3.4; pages 71, 73, 77, 80.

Note on Calculations and LaTeX Formatting

• Example sentencing calculations:

  • If offenses have lengths L1, L2,

  \ldots

  • For concurrent sentences: total time = \maxi Li.
  • For consecutive sentences: total time = \sumi Li.

• Rates (jury charge): 200 \text{ words per minute}; earlier rate mentioned: 60 \text{ words per minute}$$.

• Where formulas appear, they are represented in LaTeX format as shown above.

Connections to Foundational Principles and Real-World Relevance

• The material ties to foundational principles such as due process, equal protection, and the rights of the accused.
• It connects to real-world court reporting practice, especially in criminal courts, grand jury rooms, and the workflow of a jury trial.
• Ethical considerations include preserving secrecy in grand jury matters and maintaining a precise, verbatim record for appellate review.

Practice Prompts (for study)

• What is the difference between a true bill and a no bill?
• How does a concurrent sentence differ from a consecutive sentence? Provide numerical examples.
• Describe the role of voir dire and the differences between peremptory challenges and challenges for cause.
• Explain the sequence of events from arraignment to verdict in a typical criminal trial.
• What is the significance of the jury charge and the Allen charge in avoiding appeals?