This handbook is to help you as a judge in your position. No handbook can cover everything so this is is a guide you will have to use your better judgement on situations this handbook is unable to cover. We ask that you use good sound judgement when doing your stuff on the bench.
Trials:
Trials are ever week on (*****DAY*****) and people throughout the week will be told what day court is on. If a RP player is unable to make the court date and fails to notify a warrant for their arrest will be issued. If a RP player is unable to make court and notifies us we can push their date back. We understand this is a game and word, family, and stuff come first. But please try and stick to times as best as able to make it realistic.
States attorney may include a lesser offense. If they include a lesser offense if the burden is met for the main offense the lesser offense is not considered, if however they have not met the burden for the main offense, but have met the burden for the lesser offense you may find guilt on the lesser offense.
Trial Flow:
During the trial both sides will be able to present the evidence they have towards either the crime or the their innocence. The government (officer, states attorney, etc) will state their facts of the case, then the defendant or his attorney will say their side.
Once both side have made their argument you must look at all the evidence presented, the testimony and facts presented and determine if the state met the burden needed. For criminal cases the state must prove beyond a reasonable doubt that the crime has been committed.
For traffic tickets its clear and convincing evidence. means that the evidence is highly and substantially more likely to be true than untrue.
If defendant is found not guilty then if a criminal charge the defendant is free to go, if a traffic ticket then the ticket is dismissed and no fines are paid.
Plea Agreements:
In both criminal and traffic violations the state may offer plea agreements, for traffic tickets it maybe get no further citations for x period of time and this ticket will be dismissed. For criminal it maybe for probation instead of jail/prison time. In either case the defendant should be questioned to make sure they understand the plea agreement and what it entitles.
Sentencing:
Most laws have a penalty attached to them, some have a range such as 30 months to life. In crimes that have ranges the judge is given discretion. In an example if the punishment upon guilt is 30 months to life, you as the judge could impose a punishment of 70 months. Or you could say I give you life in prison with the possibility of parole in 30 months.
The time for sentences is as follows:
Prison/Jail Time: 1 months = 1 Minute
Probation/Parole: 1 Months = 2 Minutes
Probation and parole is longer because you are not in jail/prison. And you will be assigned a probation/parole officer to report to.
During sentencing on criminal cases you may elect to have victim statements if you so choose.
When sentencing the idea is to impose the sentence that is best for the specific case, based on facts of the case, nature of the crime, ect. Impose sentences that are a fit to the crime.
Terms For Probation/Parole:
As a judge you have to set the terms for their probation and/or parole. Such as they may not possess weapons, they are not allowed to drink, they are not allowed to drive, etc. If a defendant violates his terms of probation/parole, then as a judge you can revoke the probation or parole and they will spend the remaining time in jail/prison.
Objections:
During the course of a trial attorney may object to certain things. The following are objections that can be used. When an objection is made the objecting party will lay the foundation for their objection the other side may have a change to rebut and then as the judge you have to sustain or overrule the objection. If you sustain objection then it stands, if you overrule the objection then whatever was objected to may continue. For example if a defendant or witness makes a statement and there is a hearsay objection and you sustain it, then the comment is out and cannot be used, if you overrule it then they defendant or witness may continue and it maybe used in determining guilt or innocence.
Hearsay – This is a statement is an out of court statement being offered as truth of the matter. Example would be “john told me”. Oddly enough anything the an officer says that could help the client is also hearsay, thats why in Miranda it says anything you can and maybe used against you. It can be used against you, but it will never help you.
Leading: A leading question – A leading question is a question which suggests the answer. In other words, the lawyer leads the witness to say what the lawyer wants the witness to say. Leading questions are appropriate during
cross examination, but not during direct.
Example:
– After you went into the house, you saw the child on the couch?
– Were the lights on?
– Was the house filthy?
Lack Of Foundation – In order to testify about a particular event, the witness must have a basis to do so. This basis often comes from personal observation. In general, in order for a witness to testify about an event, the lawyer must lay a foundation for that testimony. This means that the lawyer will ask questions about the witness presence at the event (date, time, location), the identities of others who were also present and then ask questions about what the witness saw or heard. Lawyers must also lay
the proper foundation for expert testimony or lay opinions from witnesses. If a lawyer wishes to admit a documents, such as a service plan, the lawyer must also lay the proper foundation.
Speculation – When a lawyer questions a witness about an event about which the witness lacks personal and direct knowledge, this objection will and should be made. Apart from certain exceptions, witness may only testify about what they personally observed or heard. Witness may generally not testify about how another person feels or thinks.
Relevance – This objection is raised when the question or the witness’ answer is not related to the allegations in the petition, a statutory factor or other certain and specific legal and factual basis of the case. The reason a relevance objection is sustained is often related to the allegations in the petition, whether the petition for adjudication or the petition to terminate parental rights. Parties have the right to be notified of what charges or allegations they must defend.
Plea Agreements:
During trials for criminal or traffic the state may offer plea agreements. It is a requirement that the defendants attorney go over the plea agreement with their client. They are supposed to explain the plea agreement and what it means to the client.
As a judge you should question the defendant to make sure they understand the plea agreement. Once you are satisfied that the defendant knows about the plea agreement and is knowingly and willingly entering into it, you may accept it. You are not required to accept a plea agreement. If you do not think that accepting the plea agreement would be in the best interest of justice you may deny the plea agreement. If you deny the plea agreement both the state and defendants attorney may reconvene to try and come up with a plea agreement that would be satisfactory to justice, and the court.