The most important actors in the courthouse.

• Defense Attorney: Represents the accused individual in criminal cases. Their role is to protect the defendant’s rights, ensure a fair trial, challenge the prosecution’s evidence, and advocate for the best possible outcome for their client. This includes exploring legal defenses and negotiating plea agreements.
• Defendant: The individual accused of a crime in a criminal case. They have the right to be present, to confront witnesses, to present evidence, and to remain silent. The outcome of the case directly impacts their liberty and future.
• Jury (in jury trials): A group of citizens selected to hear the evidence presented in a trial and render a verdict of guilty or not guilty (in criminal cases) or find for the plaintiff or defendant (in civil cases). Their role as the trier of fact is fundamental to the American justice system.

While other actors are important (e.g., court clerks, bailiffs, witnesses, victims), the five listed above hold the most central and impactful roles in the core legal proceedings within the courthouse.

2. List the steps in a typical felony prosecution.

The steps in a typical felony prosecution in the United States generally follow this sequence:

1. Investigation: Law enforcement agencies gather information and evidence related to a suspected crime.
2. Arrest: If sufficient probable cause exists, law enforcement apprehends the suspect.
3. Booking: The suspect is processed at a police station, including fingerprinting, photographing, and recording personal information.
4. Initial Appearance/Arraignment on Complaint: The suspect is brought before a judge or magistrate, informed of the charges, advised of their rights (including the right to counsel and to remain silent), and a preliminary determination of bail may be made.
5. Preliminary Hearing (in some jurisdictions) or Grand Jury Indictment:
   • Preliminary Hearing: A judge determines if there is sufficient probable cause to believe a felony was committed and that the defendant committed it. If so, the case is “bound over” for trial.
   • Grand Jury Indictment: A panel of citizens reviews the prosecution’s evidence and decides whether there is enough probable cause to issue an indictment (a formal charge). In many federal felony cases and some state cases, an indictment is required.
6. Arraignment on Indictment/Information: The defendant appears before the court to enter a plea to the formal charges (e.g., guilty, not guilty, or nolo contendere).
7. Discovery: The prosecution and defense exchange information and evidence relevant to the case. This process aims to ensure a fair trial and prevent surprises.
8. Pre-Trial Motions: Attorneys may file motions asking the court to make specific rulings on issues such as the admissibility of evidence, the legality of the arrest, or the dismissal of charges.
9. Plea Bargaining: The prosecution and defense may negotiate a plea agreement where the defendant agrees to plead guilty to a lesser charge or receive a specific sentence in exchange for avoiding a trial.  
10. Trial (if no plea agreement is reached):
    • Jury Selection (voir dire): A jury is selected from a pool of potential jurors.
    • Opening Statements: Attorneys for both sides present their overview of the case.
    • Presentation of Evidence: The prosecution presents its case through witness testimony and physical evidence, and the defense has the opportunity to cross-examine witnesses and present its own evidence.
    • Closing Arguments: Attorneys summarize the evidence and argue their respective positions.
    • Jury Instructions: The judge instructs the jury on the relevant laws and the standard of proof.  
    • Jury Deliberation: The jury meets in private to discuss the evidence and reach a verdict.
    • Verdict: The jury announces its decision (guilty or not guilty).
11. Sentencing (if found guilty or a guilty plea is entered): The judge imposes a sentence, which may include imprisonment, fines, probation, community service, or other penalties.
12. Appeals: The defendant (and in some limited circumstances, the prosecution) may have the right to appeal the verdict or sentence to a higher court based on legal errors or constitutional violations.

3. Explain the importance of the adversary system.

The adversary system is the fundamental legal process used in the United States. Its importance stems from several key principles and goals:

• Truth Seeking: The theory behind the adversary system is that truth is best revealed through a vigorous contest between two opposing sides, each presenting their case with the strongest possible arguments and evidence. By forcing each side to challenge the other’s claims, weaknesses and inconsistencies are more likely to be exposed.
• Protection of Rights: The system provides a framework for protecting the rights of the accused. The defense attorney acts as a zealous advocate for their client, ensuring that the prosecution meets its burden of proof and that the defendant’s constitutional rights are not violated.
• Fairness and Impartiality: The judge acts as a neutral arbiter, ensuring that the rules of evidence and procedure are followed and that both sides have a fair opportunity to present their case. The jury, as impartial citizens, is tasked with evaluating the evidence and rendering a verdict based on the facts presented.
• Checks and Balances: The adversarial nature creates a system of checks and balances within the courtroom. The prosecution’s power is countered by the defense’s right to challenge their evidence and present an alternative narrative. The judge oversees the process to ensure neither side abuses its power.
• Public Scrutiny and Legitimacy: Trials conducted under the adversary system are generally open to the public, allowing for transparency and scrutiny of the legal process. This contributes to the legitimacy of the justice system in the eyes of the public.
• Individual Autonomy: The adversary system respects the autonomy of individuals to present their own case and control their legal strategy (through their attorney).