Understanding the Zimmerman trial from inside the courtroom PART I

Attorneys in Zimmerman Trial

I've been following the killing of Trayvon Martin since about a week or so after it took place. I have my own opinions about what happened the night of the +NBA All star game in 2012 in Sanford, Florida. That is not my purpose for writing this post. I have written several posts on that topic.

My purpose in writing this post is for a couple of reasons. 1. I want to dispel some untruths I hear pundits on +CNN spreading repeatedly. 2. I want people to better understand the court process.

I realized by reading tweets and comments that people have strong opinions and have taken sides on this case already. The only facts that are known to be true are:

Trayvon Martin was killed and George Zimmerman shot him. 

You can be angry about that statement all you want. But those are the only facts that we have to start off from. Everything else has to be proven in court. Even though George Zimmerman had injuries, he has to prove that Martin inflicted those injuries as part of his self-defense claim. And the state has to prove that Zimmerman's killing of Martin was Second Degree Murder.

I honestly hate the fact that they play these very serious court proceedings on TV. Why? Because people treat them like a sporting event. There is commentary during and after about who "won" that day. These are real people with real lives. Yes, I was/am a connoisseur of the foolishness. So I'm guilty as well.

However, having represented clients in court, I understand the impact it has on them. You cannot fully understand the nature of a case unless you've been embroiled in it. That's a truth that a lot of talking heads won't tell you because they want you to watch their network.

Anyway let me break some things down.

Key players in a court case

• Witness- A witness is someone who has relevant information to a case. 
• They could have seen, heard or experienced something that can provide more detail on a cause of action (case). 
• A witness's first time relaying information to attorneys usually does not take place inside a courtroom. Prior to testifying, a "key" witness has probably seen and spoken to both sides' attorneys in what is called a deposition. Often they have either built a rapport with the attorney or some animosity. 
• Witnesses come in two forms: layperson and expert
• Expert witnesses have to qualify to testify (give their opinions) about specific details of a case that are more scientific or technical in nature. They go through a process to examine their credentials in their specific fields of expertise. They usually know nothing about the case other than the specific purpose they've been called for. (e.g., DNA experts, Ballistic experts, medical examiners)
• In criminal cases where The State is the plaintiff, the alleged victim is called the "complaining witness".
• Judge- The judge is sometimes the "trier of fact" and the "trier of law". However when there is a jury, the jury is the "trier of fact."
• In jury trials, judges act as the "gatekeeper" for certain offered evidence that the jury should or should not be able to hear based on the law. 
• The judge keeps order in the court and establishes a "record" (basically the transcript that is kept by the stenographer/court reporter).
• The judge often hears a lot that the jury should never hear. The judge decides what evidence is relevant and what evidence is not. 
• The judge also decides which laws are presented to the jury in criminal cases (part of the jury instructions).
• Attorneys- The advocates for their clients. 
• In civil cases attorneys represent Plaintiffs and Defendants. In criminal cases the attorneys represent The State and Defendants. 
• Attorneys do a lot of work outside of court that you will never see. 
• Attorneys research laws, draft documents for court, interview witnesses, investigate "facts" and search for witnesses and information.
• Attorneys get to ask questions of witnesses and make presentations to judges and jurors. 
• Attorneys argue law and fact. That's the whole purpose of doing research. You find the minute elements of a law and align the facts persuasively to your argument. Laws are complex and not open and shut. 
• Jury- The triers of fact
• Depending on the state, a jury can contain anywhere from six to twelve members on the panel.
• The jury gets to judge facts to determine the verdict in a case.
• The jury usually has a foreperson (this person speaks for the jury).
• The jury never hears everything that goes on in court. Some things are not relevant. Certain arguments pertaining to evidentiary issues cannot be heard by the jury, so as to keep the verdict as unbiased as possible. 
• Juries deliberate on what they've heard during court cases, after they have heard everything. So they often take notes throughout the trial. They are not supposed to talk to anyone about the case until the case is turned over to them for a decision, then and only then can they talk to each other about it. 
• They pledge an oath that they can judge a case without employing any biases. 
• Plaintiff- The person who brought the case
• If you have a civil case and feel somehow wronged, you file a complaint and go from there. 
• The Plaintiff gets to go first in presenting their evidence because they brought the case to court, and made it through all the technical details to keep the case going. 
• The Plaintiff is "The State" in criminal cases. In criminal cases The State is the plaintiff because a violation of law is not just a crime against an alleged victim, but also a violation against the public at large. The whole purpose of having laws is to keep order and peace for the public. A purported violator becomes a criminal defendant, if caught. 
• Defendant- The person accused of violating a law civilly or criminally
• Firstly, being a defendant does not make someone automatically guilty. People get accused of things and get an opportunity to present their defenses in court.
• A defendant usually sits away from the jury in the court and presents his/her case last.
• A defendant in civil cases can be accused of infractions that will end in a civil penalty and not get them locked up, if found "liable". In criminal cases if found "guilty", a defendant can receive any measure of punishment including paying fines or serving jail time. 
• Defendants usually don't have to "prove" anything. HOWEVER, when the Defendant offers something like an "affirmative defense" (such as self-defense), he/she has to prove that. It is not a given. So he offers evidence of the affirmative defense, as the plaintiff/prosecutor offers evidence of the overarching alleged crime. 

Okay, that's just to start you off. So when you listen to (as I do on Tunein) or watch the Zimmerman Trial, think about this case from the perspective of a juror who has not heard all the mess leading up to the case.

In Part II, I will explain some of the laws that are at play specifically in the Zimmerman Case and who has to prove what specifically.

I can't promise you when that post will go up...but stay tuned!

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