Justice for all?
A beginning reporter’s guide to the
Source: Melvin Mencher’s News Reporting and Writing
Types of courts
• Reporters may cover civil or criminal cases.
• Civil courts handle lawsuits, such as recovery
for property damages, personal injury and
breach of contract.
• Civil courts can also issue orders compelling
individuals, organizations and government
bodies to refrain from action, i.e. preliminary
• Most new police and court reporters will
quickly be faced with covering the criminal
• This process kicks in after arrest and consists
of pre-trial and trial periods.
• The pretrial period has four phases:
Arraignment, preliminary hearing, grand jury
action and jury selection.
• Arraignment: The defendant is told what
he/she is charged with, counseled about
having the right to an attorney and offered the
opportunity to enter a plea.
• A prosecutor may, at this point, decide to
reduce a felony charge to a misdemeanor. If
that happens, the case can often be wrapped
up right there.
• If the defendant pleads guilty to a felony, the
case is referred to a higher court.
• If the defendant pleads not-guilty to a felony,
the case is referred to the appropriate court
for a preliminary hearing.
• If the defendant waives his right to a
preliminary hearing, the case goes to a grand
jury. Felonies are handled by district, superior
or circuit courts (name depends on the state).
• This is where a judge decides if there is
reasonable grounds, or probable cause, to
send the case to a grand jury.
• The defendant may seek to have the charges
reduced through plea bargaining. For lesser
charges, the prosecutor will often agree.
• For more serious charges or if the defendant
has a prior record of serious crime, the case
will likely go to a grand jury.
• In half the states, criminal defendants are
brought to trial via a grand jury. If a grand jury,
made up (usually) of 23 citizens, decides there is
enough evidence to move forward, it issues an
indictment, also called a true bill.
• If not, the grand jury issues a no bill.
• A grand jury hears only the state’s (or
prosecution’s) evidence. The prosecutor can
move forward with charges even if a no bill is
Alternatives to Grand Jury
• In 20 states the prosecutor files a charge
called an information A judge hears witness
testimony at a preliminary hearing and then
decides if there is cause for a trial.
• In a few states, a prosecutor files affidavits to
support the charge. A judge then decides
whether to move forward with a trial.
• Which system does Texas have?
Rearraignment, Plea bargain,
• At rearraignment, the proceeding that comes
after indictment. A judge empowered to hear
felony cases presides. If the defendant pleads
not guilty, trial date and bail are set.
• Defendants may continue to plea bargain. In
NYC, three-fourths of all murder arrests are
plea bargained. In many cities, nine out of 10
criminal cases result in a plea bargain. Why?
• Motion to quash the indictment: Challenges
the legality of the indictment.
• Motion for a bill of particulars: Asks for more
detail about the charges.
• Motion to suppress evidence: May argue that
it was obtained illegally or improperly.
• Motion for change of venue: Argues that the
defendant cannot receive a fair trial in the city
or judicial area where the crime took place.
• Trials rise and fall on jury selection.
• Citizens service on juries. The names of
potential jurors are chosen randomly from a
jury list. The names come from tax rolls,
driver’s license files, voting lists, etc.
• Twelve jurors and some alternates are chosen
by defense attorneys and prosecutors. Each
side gets to challenge the selection of jurors.
• Two types of challenges: Peremptory, meaning
no reason needs to be given for the challenge;
for cause, when a specific reason is given. Can
you think of a reason an attorney might want
to challenge the choice of a particular juror for
• Each side is usually limited to 10 peremptory
challenges. The judge decides the numbers of
challenges for cause.
• Opening Statements: Each side presents its
• Direct Examination: The prosecution presents
its case via witness testimony and evidence. If
a judge decides the state has failed to make its
case, she can dismiss it right there.
• Cross Examination by Defense: Is….?
• Redirect Examination: Prosecutor gets another
• The defense may make a motion asking for a
• Cross Examination by Prosecutor: The
prosecutor may cross examine the defense
• Redirect Examination by Defense: The defense
can come back and ask more questions if it
thinks the state has managed to weaken the
• Both sides get rebuttals. Witnesses may be
recalled to the stand. New rebuttal witnesses
may be called, but not without the judge’s
• Summations: These are the closing arguments
offered by both sides.
• Charge to Jury: The judge issues instructions
to the jury. The jury must follow the law.
Verdict and Sentence
• Criminal trial: The jury’s verdict must be
unanimous. If a jury cannot come to a unanimous
decision, the judge declares a mistrial.
• The sentence may be pronounced immediately or
later if the judge asks for a sentencing report (i.e.
• The verdict story must include: Specific charges of
conviction, length of possible sentence, time the
jury deliberated, a summary of the trial.