Script Of A Courtroom Case English Literature Essay

Script Of A Courtroom Case English Literature Essay

Thank you, your award. Ladies and gentlemen of the jury – On behalf of the State, I want to thank you for being here today. Under our condemnable justness system, citizens charged with certain offenses are entitled to hold their instance heard by a jury of their equals – people merely like you. We are all thankful that you acknowledge your civic responsibility and are willing to put aside you personal precedences to be here.

As you have heard, the suspect, Chris Smith, is charged with felony ownership of drugs. Under Maryland jurisprudence, simple ownership of drugs is a misdemeanour, or a minor discourtesy, but anyone possessing a lb or more of drugs – the jurisprudence grounds – intends to administer drugs. In other words, they are a trader, hence the more serious charge, which is why Mr./Ms. Smith is being charged with a felony.

As I ‘m certain the defence will indicate out, it is the State ‘s duty to turn out beyond a sensible uncertainty that the suspect did, so, have in his/her ownership more than a lb of drugs when he/she was approached by a province cavalryman. In fact, the State will demo that the suspect had over two lbs of drugs. And while the defence will seek to convert you that the suspect did non cognize the drugs were in the auto, the State will supply converting statements that he/she non merely knew that the drugs were in his/her ownership, but that it was so his/her drugs. Thank you.

Judge

Does the defence want to do an gap statement?

Defense

Yes, your award. Members of the jury, I excessively thank you for being here today. Let me get down with a really simple statement: The suspect, Chris Smith, is guiltless. He/she does non utilize drugs. He/she has ne’er had any drugs in his/her ownership. The suspect surely has ne’er sold drugs to anyone. The fact is, the lone thing that my client is guilty of is bad judgement. As we will turn out, the twenty-four hours before the province constabulary made contact with Mr./Ms. Smith, he/she Lent his/her auto to his/her cousin. My client trusted his/her cousin, and that trust was betrayed when he/she non merely used the auto to drive to the metropolis to do a drugs buy, but so left the drugs in the suspect ‘s auto instead than hazard being caught with it. As the State ‘s Attorney mentioned, delight maintain in head that the load of cogent evidence falls on the State. If at the terminal of the test you have any sensible uncertainty in the State ‘s instance, so you should happen my client non guilty. Thank you.

Judge

State ‘s Attorney, delight name your first informant.

State ‘S ATTORNEY

Your award, I call Cpl. Jay Collins to the base.

Bailiff

( after giving curse ) For the record, delight province your name, rank and assignment.

Collins

Jay Collins. I ‘m a corporal with the Maryland State Police.

State ‘S ATTORNEY

On the dark in inquiry, were you on responsibility?

Collins

Yes I was.

State ‘S ATTORNEY

And were you in your patrol auto on the chief main road outside town?

Collins

Yes.

State ‘S ATTORNEY

Will you state me the events that occurred that dark, get downing about 10 p.m.

Collins

It was Saturday dark and I was policing the chief main road outside of town. It was about 2200 hours – that ‘s 10 o’clock in civilian clip – when I became cognizant of a auto stopped on the shoulder of the route with its visible radiations and exigency flasher on. I activated my visible radiations and pulled onto the shoulder behind the auto.

I saw an person who appeared to be altering a level tyre. There was no 1 else in the auto. I exited the patrol auto and approached the person, who identified himself/herself as the driver. It was evident that he/she did in fact have a level tyre. I inquired if the person needed aid and he/she said ‘no ‘ . It appeared to me that the driver was nervous because he/she was sudating and kept looking at me and stating that I did n’t necessitate to lodge around because he/she was about done. I asked if he/she minded if I searched the auto. The person refused and said, “ No. I know my constitutional rights. You ca n’t seek my auto. ”

State ‘S ATTORNEY

Is that individual in the courtroom today, and if so, delight depict an article of vesture that he/she is have oning.

Collins

Yes. ( point to the suspect and depict an article of vesture that he/she is have oning )

State ‘S ATTORNEY

Let the tribunal recognize that Cpl. Collins pointed to the suspect. Cpl. Collins, why did you inquire if you could seek the auto?

Collins

Because the person seemed nervous.

State ‘S ATTORNEY

How did he/she look nervous?

Collins

Like I said, he/she was sudating and agitating. He/she besides seemed really dying for me to go forth.

State ‘S ATTORNEY

When he/she refused to allow you seek the auto, what did you make?

Collins

I went to my patrol car and called for back up. A few proceedingss subsequently, another unit arrived with a drugs-sniffing Canis familiaris. The Canis familiaris and its animal trainer walked around the auto when the person jumped up and told us to acquire the Canis familiaris off from his/her auto, claiming that it was an illegal hunt. I explained that it was non a hunt at all every bit long as the Canis familiaris or animal trainer does non touch the auto.

While the single and I were speaking, the Canis familiaris alerted to the front door on the driver ‘s side, which gives us likely cause, and I asked the person for permission to seek the auto. The person refused and I explained that because the Canis familiaris alerted we were permitted to seek without permission. The person expressed dissension, but did non forcibly forestall the Canis familiaris from come ining the auto. Before the Canis familiaris entered the auto, I put my caput through the window and smelled a moderate olfactory property of what I know to be drugs. Once in the auto, the Canis familiaris alerted under the driver ‘s place. When we examined the infinite under the place, we found a bundle inside a McDonald ‘s bag incorporating a substance that appeared to be drugs.

I asked the single if he/she owned the auto and he/she said ‘yes ‘ . I so asked the person if the bundle belonged to him/her. He/she said, ‘no, ‘ but could non explicate how the bundle appeared under the place of his/her auto. I read the single his/her rights and took him/her into detention. The drugs-like substance was sent to the constabulary lab for proving.

State ‘S ATTORNEY

And did you have a study from the lab?

Collins

Yes.

State ‘S ATTORNEY

Is this the study?

Collins

Yes.

State ‘S ATTORNEY

Would you state us what it says, please.

Collins

The substance trials positive for drugs. Probably derived from South America, based on quality. Entire weight, 2.1 lbs.

State ‘S ATTORNEY

Your award, this study is province ‘s exhibit 2. Thank you, bodily. No farther inquiries.

Judge

Does the defence have any inquiries for this informant?

Defense

Yes, thank you, your award. Corporal, how did Mr./Ms. Smith react when the Canis familiaris found the drugs?

State ‘S ATTORNEY

Objection your award. Defense is inquiring the informant to offer an sentiment about how the suspect reacted. There ‘s no manner he/she could cognize.

Defense

Your award, the informant has already characterized my client ‘s behaviour as “ nervous ” before the drugs were found, so certainly he/she can state us what he/she saw a few proceedingss subsequently.

Judge

I agree. Overruled. Witness will reply the inquiry.

Collins

He/she looked surprised, and got agitated.

Defense

What do you intend by agitated?

Collins

Angry.

Defense

Was the choler directed at you?

Collins

No, it did n’t look to be directed at me.

Defense

Was it hot that dark?

Collins

Hot?

Defense

Was it hot that dark. The temperature. Harmonizing to the conditions service, it was really hot on that twenty-four hours. Be it still pretty warm?

Collins

I do n’t remember.

Defense

Interesting. You do n’t remember how hot it was out, but you specifically retrieve my client ‘s emotional province. If it was hot, that would explicate why Mr./Ms. Smith was sudating when he/she was altering the tyre, would n’t it?

Collins

I suppose.

Defense

Is it possible that he was n’t nervous, but merely tired?

Collins

I suppose so.

Defense

No farther inquiries.

Judge

Would you like to airt?

State ‘S ATTORNEY

Yes, your award. Corporal, you said that Mr./Ms. Smith appeared nervous. Did you reach that decision merely because he/she was sudating?

Collins

No. He/she kept watching me and stating me I did n’t hold to lodge around. He/she seemed nervous about my presence at that place.

State ‘S ATTORNEY

Thank you. No farther inquiries.

Judge

Would the defence like to re-cross the scrutiny?

Defense

No, your award.

Judge

Cpl. Collins, you may now step down.

State, you may now name your following informant.

State ‘S ATTORNEY

Thank you, your award. I would wish to name Chris Gelman to the base.

Bailiff

( after giving curse ) For the record, delight province your name and current reference.

GELMAN

Chris Gelman, 31 Edwards Street..

State ‘S ATTORNEY

Mr./Ms. Gelman, do you cognize the suspect?

GELMAN

Yes, I go to school with him/her.

State ‘S ATTORNEY

On the twenty-four hours in inquiry, did you see the suspect?

GELMAN

Yes.

State ‘S ATTORNEY

Where?

GELMAN

At a party at a friend ‘s house.

State ‘S ATTORNEY

Did he/she look to be contemplating condemnable activity?

Defense

Expostulation, your award. The State ‘s Attorney is inquiring the informant to state us what was traveling on inside my client ‘s caput.

Judge

Sustained. Witness is non to reply that inquiry.

State ‘S ATTORNEY

How was he/she moving?

Defense

Your award!

Judge

The State is inquiring the informant to offer speculation. Expostulation sustained. Please inquire another inquiry.

State ‘S ATTORNEY

Did you see Mr./Ms. Smith leave?

GELMAN

Yes.

State ‘S ATTORNEY

Entirely?

GELMAN

Yes.

State ‘S ATTORNEY

Did you know where he/she was traveling?

GELMAN

No.

State ‘S ATTORNEY

Were you surprised that he/she was go forthing?

GELMAN

Yes.

State ‘S ATTORNEY

Why?

GELMAN

Because the party was merely get downing.

State ‘S ATTORNEY

Nothing else, your award.

Judge

Defense?

Defense

Mr./Ms. Gelman, how did you make on your S-A-Ts?

GELMAN

What do you intend?

Defense

Your S-A-Ts. Did n’t you take them the following forenoon?

GELMAN

No.

Defense

You do cognize that Mr./Ms. Smith spent most of the old twenty-four hours taking tests, and that he/she stayed up all dark to analyze for the Spanish test?

GELMAN

No, I did n’t.

Defense

Does it surprise you?

GELMAN

No, he’s/she ‘s a really serious pupil, a existent swot when it comes to school.

State ‘S ATTORNEY

Objection your award. The informant is replying a inquiry he/she was n’t asked.

Judge

Sustained. Jury will disregard the last statement.

Defense

Mr./Ms. Gelman, at the party, did you see the suspect utilizing drugs?

GELMAN

No.

Defense

Has the suspect of all time used drugs or had it in his/her ownership?

State ‘S ATTORNEY

Expostulation, your award. How can the informant know what Smith has in his/her pockets at all times?

Judge

Sustained.

Defense

Have you of all time seen Mr./Ms. Smith usage drugs?

GELMAN

No.

Defense

No farther inquiries.

Judge

Redirect?

State ‘S ATTORNEY

Briefly. You do n’t hang out with the same crowd as Mr./Ms. Smith, do you?

GELMAN

Most of the clip, no.

State ‘S ATTORNEY

So you do n’t truly cognize whether he/she utilizations drugs, do you?

GELMAN

No I do n’t.

State ‘S ATTORNEY

No more inquiries.

Judge

Defense re-cross?

Defense

No, your award.

Judge

The informant may now step down.

The State may now name its following informant.

State ‘S ATTORNEY

The province calls Sherm Sidwell.

Bailiff

( after giving curse ) For the record, delight province your name and current reference.

SIDWELL

Sherm Sidwell. I live at 31 Calvert Street.

State ‘S ATTORNEY

On the afternoon in inquiry, did you go on to see Mr./Ms. Smith?

SIDWELL

Yes I did.

State ‘S ATTORNEY

What were the fortunes?

SIDWELL

It was reasonably late in the afternoon. He/she was detailing that auto of his.

State ‘S ATTORNEY

Detailing? Do you intend rinsing?

SIDWELL

No, I mean detailing. He/she must of spent a twosome of hours rinsing it and hoovering it and all that material.

State ‘S ATTORNEY

Did you see him/her vacuity under the seats?

SIDWELL

Yeah, I could see him making that.

State ‘S ATTORNEY

So if there was anything under the place – a bundle, say – he/she would hold found it?

Defense

Expostulation. Mr./Ms. Sidwell could n’t hold known what my client could hold seen or non seen.

Judge

Sustained.

State ‘S ATTORNEY

No farther inquiries.

Judge

Defense?

Defense

Mr./Ms. Sidwell, how did you come to be a informant in this instance?

SIDWELL

I do n’t understand the inquiry.

Defense

Did the constabulary semen and inquire you inquiries?

SIDWELL

No.

Defense

Did you reach the constabulary?

SIDWELL

Yes, I did.

Defense

Why?

SIDWELL

Because I heard that the Smith child got arrested for holding drugs in his/her auto and was stating he/she did n’t cognize it was at that place.

Defense

So you called constabularies and volunteered that you saw him/her looking under the place of his/her auto?

SIDWELL

Something like that.

Defense

Do you like Chris Smith?

State ‘S ATTORNEY

Your honoraˆ¦

Defense

It goes to the credibleness of the informant. We intend to demo that Mr./Ms. Sidwell has been in a running feud with the Smiths and that he/she saw an chance to harm my client.

Judge

Very good. Answer the inquiry.

SIDWELL

I do n’t care about him/her. That ‘s all. I do n’t hold any bad feelings about any of ’em.

Defense

Nothing farther.

Judge

Prosecution?

State ‘S ATTORNEY

No cross-examination, your award. The State remainders.

Judge

The informant may now step down.

Is the defence ready to name its first informant?

Defense

Yes, your award. The defence calls Tyler Lincoln.

Bailiff

( after giving curse ) For the record, delight province your name and current reference.

Lincoln

Tyler M. Lincoln. 314 Walsh Street.

Defense

What is your relationship to the suspect.

Lincoln

The suspect is my cousin.

Defense

Is it true that you are both employed at McDonald ‘s?

Lincoln

Yes.

Defense

On that Saturday forenoon, did you borrow Mr./Ms. Smith ‘s auto?

Lincoln

Yes, I did.

Defense

Why did you borrow his/her auto?

Lincoln

My auto was broken down and I needed to purchase a portion for it.

Defense

While you were out running this errand, did you purchase any drugs and hoard it under the rider ‘s place of the auto?

Lincoln

No.

Defense

Have you every bought drugs?

Lincoln

No.

Defense

Were n’t you in fact charged last twelvemonth with ownership of drugs?

State ‘S ATTORNEY

Expostulation, your award. Mr./Ms. Lincoln was ne’er convicted of that charge.

Judge

Sustained. The jury will disregard the last inquiry.

Defense

I have no farther inquiries at this clip, but I intend to remember this informant.

Judge

Mr./Ms. Lincoln, you are to stay in the courthouse and retrieve that you are still under curse. Does the State have any inquiries for this informant?

State ‘S ATTORNEY

I ‘ll wait until the informant is recalled, provided that if the defence does non remember this informant, I will be permitted to make so.

Judge

You will be permitted to make so. The informant may now step down.

Defense, you may now name your following informant.

Defense

The defence calls Sgt. Jessie Burton.

Bailiff

( after giving curse ) For the record, delight province your name, unit and assignment.

Burton

Sgt. Jessie Burton, Big City Police Department, drugs surveillance unit.

Defense

The twenty-four hours in inquiry, were you working as portion of the drugs surveillance squad?

Burton

Yes I was.

Defense

Where?

Burton

At the corner of 1st Street and Albert Avenue.

Defense

Why that peculiar location?

Burton

Because it ‘s a major drug selling location. Traders drive at that place from all over the province to purchase drugs.

Defense

Make you maintain a log of autos that come through the country?

Burton

Yes.

Defense

Is this the log for that twenty-four hours?

Burton

Yes.

Defense

And does the suspect ‘s auto appear on the log? License figure XXX-999.

Burton

Yes.

Defense

Can you state me when?

Burton

At midday.

Defense

Are you knowing about the country?

Burton

Yes.

Defense

Is there an car parts shop in the locality?

Burton

Not right at that place. There ‘s one about three blocks off.

Defense

No farther inquiries.

Judge

Your informant.

State ‘S ATTORNEY

Merely one inquiry, you honor. Sgt. Burton, did you witness a drugs dealing affecting the informant ‘s auto?

Burton

No.

State ‘S ATTORNEY

That is all.

Judge

Redirect?

Defense

Yes, your award. Sergeant, if you know, can you state the tribunal how the drugs minutess normally occur?

Burton

The purchaser stops at the intersection that we are watching and topographic points an order. Then the driver drives to another location where the drugs and the money alteration custodies. The dealing is normally really speedy.

Defense

Why do n’t you cover the location where the dealing normally occurs?

Burton

Because it changes every twenty-four hours.

Defense

One other inquiry: Does Mr./Ms. Smith ‘s auto show up on any other log?

Burton

Not that I ‘m cognizant of.

Defense

No farther inquiries.

Judge

Re-examine?

State ‘S ATTORNEY

No, thank you.

Judge

You may now step down.

Defense, you may name your following informant.

Defense

The defence recalls Tyler Lincoln.

Judge

Mr./Ms. Lincoln, allow me remind you that you are still under curse.

Defense

Mr./Ms. Lincoln, when you were on the manner to the car parts shop, did you by any opportunity halt at the corner of 1st and Albert Avenue?

Lincoln

There ‘s a stop mark at that place, but that would be the lone ground.

Defense

Nothing more.

Judge

Cross examine?

State ‘S ATTORNEY

Merely one inquiry. Mr./Ms. Lincoln, are you a drugs trader?

Lincoln

No, I am non.

State ‘S ATTORNEY

I merely wanted to inquire because the defence seems to be proposing that you are.

Lincoln

No.

State ‘S ATTORNEY

Thank you, no more inquiries.

Judge

The informant may now step down.

Name your following informant, defence.

Defense

Name Patrolman Kelly Larue.

Bailiff

( after giving curse ) For the record, delight province your name, unit and current assignment.

LARUE

I am Patrolman Kelly Larue, assigned to the town constabulary.

Defense

Patrolman, have you of all time been called to the first block of Calvert Street?

LARUE

Probably a twelve times.

Defense

How many different people have called you?

LARUE

Merely one.

Defense

And who would that be?

LARUE

Mr./Ms. Sidwell.

Defense

Can you give the tribunal an thought of why you were called.

LARUE

Because he had ailments about the Smith household.

Defense

What sort of ailments?

LARUE

Merely about everything you can conceive of.

Defense

In your professional judgement, were the ailments valid?

State ‘S ATTORNEY

Expostulation. Defense is inquiring the informant to offer an sentiment about the jurisprudence.

Judge

Sustained.

Defense

Did you of all time really collar a member of the Smith household or warn them?

LARUE

No.

Judge

Cross?

State ‘S ATTORNEY

No, your award.

Defense

The defence remainders, your award.

Judge

The informant may now step down.

Now we will hear shutting statements.

State ‘S ATTORNEY

( present shutting statements )

Defense

( present shutting statements )

Judge

Members of the jury, you have now heard statements from both sides in the instance of State of Maryland v. Smith. You must now make up one’s mind if the State has proven beyond a sensible uncertainty that Mr./Ms. Smith is guilty of ownership of drugs. You can happen the suspect guilty of this charge, or non guilty of this charge. The determination you make must be consentaneous.

You have been given stuff that will assist you understand the jurisprudence sing given of artlessness and sensible uncertainty, every bit good as the demand for a consentaneous finding of fact and the facts that the State must turn out in order for you to happen the suspect guilty.

I would remind you that every suspect has an absolute constitutional right non to attest. The fact that the suspect did non attest must non be held against the suspect. It must non be considered by you in any manner or even discussed by you.

We will take a deferral while the jury deliberates.

Disclaimer

This is a fabricated instance. None of the characters in this book or attach toing paperss are existent. Any resemblance between the characters and any individual, life or dead, is coinciding. The Torahs expressed in this instance are non existent.