Thursday, September 26, 2019
The Courtroom and The Courthouse Essay Example | Topics and Well Written Essays - 1000 words
The Courtroom and The Courthouse - Essay Example A 'Witness' also plays an important role in presenting facts about the case that can help the lawyers and the judge to reach a logical conclusion. The law gives right to a victim to file a complaint against the offender. Victim initiates a case and hires a lawyer to give legal advice and represent him in the court. A victim is obliged to present authentic data and facts to ensure a fair trial. He has the right to protection against further harm, to live with dignity, and to get compensation for damages. Lawyer is a person licensed to practice law (Black's dictionary, 6th Edition). A lawyer is the most vocal actor in the courtroom and implements legal activities on behalf of his clients (victim or defendant). His role begins with an intake interview (Zwier & Bocchini, 2000) where he understands the client's case and aspirations and communicates the legal possibilities, scope, and procedures to the client. He then conducts extensive research to draft various legal papers and oral arguments to represent the client's case. Most importantly, a lawyer provides in-person representation of his client and provides Oral argument at courts or other legal proceeding to support the case in hand. Apart from communicating with his client and the Judge he needs to cross examine and question the opposite party and the witnesses to bring out important facts in the court. He sometimes even communicates with the other party lawyers to negotiate outside the court. Role of a Defendant A defendant is a person who has been accused of violating a law or against whom a criminal complaint has been filed by a victim/ plaintiff. A defendant is treated innocent and cannot be convicted unless the court of law proves him guilty. He has the right to appoint a lawyer to represent him and give him legal advice. He can put forth evidences, remain silent if needed, and also cross examine the victim's witnesses. Role of a Witness A witness is a person, who has first hand knowledge of the crime, who is often called in a court trial to testify an important consideration related to the crime. He is required to swear and reproduce authentic facts that can steer the judgment of a trial. He is subjected to 'Direct examination and 'Cross examination'. Direct examination is done by the party (lawyer) who the witness represents to elicit evidences to support the case. Cross examination is conducted by the
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