Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P13 pps

In early civil trials, the parties could choose, by mutual consent, a jury or court trial.. The constitution of Virginia, which is considered the first written constitution of modern rep

Trang 1

James (1566–1625) of England declared that certain crimes in the colonies were to be tried before juries In early civil trials, the parties could choose, by mutual consent, a jury or court trial Criminal defendants could also choose a jury or court trial By the late 1600s, several colonies were holding jury trials, but jury trials were unavailable to many citizens

During the revolutionary period (1765–

1815), many documents noted the importance

of jury trials The colonists feared that they could not get a fair trial before a judge who usually was appointed by the king or his representatives In 1774, the First CONTINENTAL CONGRESS declared that the colonists were entitled to the “great and inestimable privilege

of being tried by their peers of the vicinage.”

The 1775 Declaration of Causes and Necessities and Taking Up Arms specifically noted the deprivation of jury trials as a justification for forcibly resisting English rule TheDECLARATION

OF INDEPENDENCEnoted that many colonists were not permitted jury trials

The constitution of Virginia, which is considered the first written constitution of modern republican government, contained a

BILL OF RIGHTS providing for a jury of 12 and a unanimous verdict in criminal cases, and trial

by jury in civil cases After several other states adopted similar provisions in their constitu-tions, the U.S Constitution was drafted to require trial by jury in criminal cases Although the Constitution did not provide for jury trials

in civil cases, the first Congress incorporated trial by jury in civil cases into the Bill of Rights

Since that time, trial by jury has become universal in the courts of the United States, although juries are not used in all cases

Pretrial Matters

Technically, a trial begins after the preliminary matters in the action have been resolved and the jury or court is ready to begin the examination

of the facts The trial ends when the examina-tion is completed and a judgment can be entered The trial of a jury case ends on the formal acceptance and recording of a verdict decisive of the entire action Before the trial may begin, however, certain preliminary matters must be resolved

Venue Venue refers to the particular county or city in which a court with jurisdiction may conduct a trial The proper venue for most trials

is the city or county in which the injury in dispute allegedly occurred or where the parties reside Venue may, however, be changed to another jurisdiction Sometimes the proper venue for a trial is difficult to determine, such

as in cases involving multinational corporations

or class actions involving plaintiffs from many different states The venue for a criminal trial can change if a defendant persuades the trial court that he cannot obtain a fair trial in that venue For example, a defendant may request a change of venue because he feels that extensive

PRETRIAL PUBLICITY has prejudiced the local public

Pretrial Motions and Conference Motions may be made by the parties at any time prior

to trial and may have a significant impact on the case For example, in a criminal case, the trial judge might rule that the primary piece of incriminating evidence is not admissible in court In a civil case, the judge might grant

SUMMARY JUDGMENT, which means that no significant facts are in dispute and judgment may be entered without the need for a trial Before the trial begins, the court holds aPRETRIAL CONFERENCE with the parties’ attorneys At the pretrial conference, the parties narrow the issues

to be tried and decide on a wide variety of other matters necessary to the disposition of the case Public versus Closed Trials Although most trials are presumptively open to the public, sometimes a court may decide to close a trial Generally a trial may be closed to the public only to ensure order and dignity in the courtroom or to keep secret sensitive informa-tion that will come to light during the trial Thus, a trial might be closed to the public to protect classified documents, protect trade secrets, avoid intimidation of witnesses, guard the safety of undercover police officers, or protect the identity of a juvenile Although trials are usually open to the public, most jurisdic-tions do not permit television cameras or other recording devices in the courtroom A growing minority of states permits cameras in the courtroom, although the judge still has the discretion to exclude the cameras if he or she feels that their presence will interfere with the trial

Trial Participants

Judge The judge presides over the court and is the central figure in a trial It is the presiding judge’s responsibility to conduct an orderly trial

Trang 2

and to assure the proper administration of

justice in his court The judge decides all legal

questions that arise during the trial, controls the

presentation of evidence by the parties, instructs

the jury, and generally directs every aspect of

the trial The judge must be impartial, and any

matter that lends even the appearance of

impartiality to the trial may disqualify the

judge Because of his importance, the presiding

judge must be present in court from the

opening of the trial until its close and must be

easily accessible during jury trials while the jury

is deliberating on its verdict

The judge holds a place of honor in the

courtroom The judge sits above the attorneys,

the parties, the jury, and the WITNESS STAND

Everyone in the courtroom must stand when

the judge enters or exits the courtroom The

judge is addressed as “your Honor” or “the

Court.” In the United States, judges usually

wear black robes during trials, which signify the

judges’ importance The judge will conduct the

trial with dignity If the judge feels that a person

is detracting from the dignity of the proceedings

or otherwise disrupting the courtroom, he or

she may have the person removed

A trial judge has broad powers in his

courtroom In general, the presiding judge has

discretion on all matters relating to the orderly

conduct of a trial, except those matters

regu-lated by rule or statute The judge controls

routine matters such as the time when court

convenes and adjourns and the length of a

recess When the parties offer evidence, the

judge rules on any legal objections The judge

also instructs the jury on the law after all of the

evidence has been submitted

Although the judge has broad discretion

during the trial, his rulings must not be

ARBITRARY or unfair Also, the judge must not

prejudice the jury against any of the parties

Unless special circumstances are present,

how-ever, a party can do little during the trial if it

disagrees with a ruling by the judge The judge’s

decision is usually final for the duration of the

trial, and the party’s only recourse is to appeal

the judge’s decision after the trial has ended

Parties In a trial, the term party refers to an

individual, organization, or government that

participates in the trial and has an interest in the

trial’s outcome The main parties to a lawsuit

are the PLAINTIFF and the defendant In a civil

trial, the plaintiff initiates the lawsuit and seeks

a remedy from the court for private civil wrongs allegedly committed by the defendant or defen-dants There may be more than one plaintiff in

a civil trial if they allege similar wrongs against

a common defendant In a criminal trial, the plaintiff is the government, and the defendant is

an individual accused of a crime

A party in a civil trial may be represented

by counsel or may represent himself Each party has aFUNDAMENTAL RIGHTto be present at every critical stage of the proceedings, although this right is not absolute A party may, however, choose not to attend the trial and

be represented in court solely by an attorney

The absence of a party does not deprive the court of jurisdiction The court must afford the parties the opportunity to be present, but if the opportunity is given, a party’s absence does not affect the court’s right to proceed with the civil trial

In a criminal trial, the government is represented by an attorney, known as the

PROSECUTOR, who seeks to prove the guilt of the defendant Although a criminal defendant may represent himself during trial, he is entitled

to representation by counsel If a defendant cannot afford an attorney, the court will appoint one for him A criminal defendant has a con-stitutional right in most jurisdictions to be present at every critical stage of the trial, from jury selection to sentencing Also, many court decisions have held that the trial of an accused without his presence at every critical stage of the trial violates his constitutional right to DUE PROCESS A defendant may waive this right and choose not to attend the trial or portions of the trial

Jury The jury is a group of citizens who are charged with finding facts and reaching a verdict based on the evidence presented during the trial The jury renders a verdict decisive of the action by applying the facts to the law, which is explained to the jury by the judge The jury is chosen from the men and women in the community where the trial is held The number

of jurors required for the trial is set by statute or court rule Criminal trials usually require 12 jurors, whereas civil trials commonly use six-person juries Also, alternate jurors are selected

in the event that a regular juror becomes unable

to serve during the trial Longer trials require more alternate jurors The jurors sit in the jury box and observe all of the evidence offered

Trang 3

during the trial After the evidence is offered, the judge instructs the jury on the law, and the jury then begins deliberations, after which it renders a verdict based on the evidence and the judge’s instructions on the law In civil trials, the jury determines whether the defendant is liable for the injuries claimed by the plaintiff

In criminal trials, the jury determines the guilt

of the accused

Attorneys Every party in a trial has the right

to be represented by an attorney or attorneys, although a party is free to conduct the trial himself If a party elects to be represented by an attorney, the court must hear the attorney’s arguments; to refuse to hear the attorney would deny the partyDUE PROCESS OF LAW In a criminal trial, the defendant has a right to be represented

by an attorney, or attorneys, of his choosing

If the defendant cannot afford an attorney, and the crime is more serious than aPETTY OFFENSE, the court will appoint one for him An indigent party in a civil lawsuit is generally not entitled

to a court-appointed attorney, although a court may appoint an attorney to represent an indigent prisoner in aCIVIL RIGHTScase

The attorneys are present in a trial to represent the parties, but they also have a duty

to see that the trial is fair and impartial The trial judge may dismiss an attorney or impose other sanctions for improper conduct Thus, attorneys must at all times conform their conduct to the law Attorneys must avoid any conduct that might tend to improperly influ-ence the jury Also, attorneys’ conduct is governed

by various ethical rules Within these bounds, however, the attorney may zealously represent her client and conduct the trial as she sees fit

Witnesses Witnesses provide the chief means

by which evidence is offered in a trial Through witnesses, a party will attempt to establish the facts that make up the elements of his case

A witness may testify on virtually any matter if the matter is relevant to the issues in the trial and the witness observed or has knowledge of the events to which he is testifying Witnesses are also used to provide the foundation for documents and other physical evidence For example, if the state wishes to introduce the defendant’s fingerprints from a crime scene in a criminal trial, it must call as a witness the police officer who identified the fingerprints in order for the fingerprints to be admitted as evidence

The police officer would testify that he found the fingerprints at the crime scene and that he

determined that the fingerprints matched the defendant’s fingerprints

A witness must testify truthfully Before giving testimony in a trial, a witness takes an oath or affirmation to tell the truth; a witness who refuses the oath or affirmation will not

be permitted to testify A typical oath states,

“I swear to tell the truth, the whole truth and nothing but the truth, so help me God.” The exact wording of the oath is not important, however As long as the judge is satisfied that the witness will tell the truth, the witness may take the witness stand A witness who testifies falsely commits the crime ofPERJURY

Virtually anyone may be a witness in a trial Generally, a person is competent to be a witness

in a trial if he is able to perceive, remember, and communicate the events to which he is to testify and understands his obligation to tell the truth Thus, even a young child may be a witness, as long as the judge is satisfied that the child is able

to relate the events to which he will testify and understands that he must tell the truth Simi-larly, people with mental disabilities may testify

at a trial if they meet the same criteria One special type of witness is an expert witness Normally, a witness may only testify as

to what she saw, heard, or otherwise observed

An expert witness, if properly qualified, may offer her opinion on the subject of her expertise Expert witnesses are used when the subject matter of the witness’s testimony is outside the jury’s common knowledge or experience Expert witness testimony is often extremely important

in lawsuits For example, in a criminal trial where the defendant pleads the INSANITY DEFENSE, the experts’ opinions on whether the defendant was insane at the time of the crime will most likely decide the outcome of the trial

Support Personnel A number of people may assist the trial judge in conducting the trial The

COURT REPORTER, also known as the STENOGRA-PHER, records every word stated during the trial, except when the judge holds a conference off the record The court reporter prepares an official transcript of the trial if a party requests

it The BAILIFF is an officer of the court who keeps order in the courtroom, has custody of the jury, and has custody of prisoners who appear in the courtroom In federal court,U.S

MARSHALShave custody of prisoners who appear

in court A language interpreter is present in

Trang 4

a courtroom when a party or witness is unable

to speak English Finally, most judges have a law

clerk who assists the judge in conducting

research and drafting legal opinions

Trial Process

Jury Selection Although a trial does not

technically begin until after the jury is seated,

jury selection, or VOIR DIRE, is commonly

referred to as the first stage of a trial At the

beginning of a trial, the jury is chosen from the

jury pool, a group of citizens who have been

randomly selected from the community for jury

duty The judge and the attorneys representing

the parties question each of the prospective

jurors If a prospective juror is for any reason

not able to judge the evidence fairly, he will not

be allowed to sit on the jury This is known as

a challenge for cause A prospective juror may

be challenged for conviction of a serious crime;

a financial interest in the outcome of the

controversy; involvement in another

proceed-ing concernproceed-ing one of the parties; a business,

professional, personal, or family relationship

with a party; or any other reason that might

indicate bias

In addition to challenges for cause, the

parties’ attorneys may issue a certain number of

peremptory challenges against prospective

jur-ors An attorney may use a PEREMPTORY

CHAL-LENGEto keep any prospective juror off the jury

even if he has no reason to believe that the

prospective juror would judge the trial unfairly

A peremptory challenge may not be based on

race, however

Once the jurors and alternate jurors are

seated, the judge usually gives the jury

prelimi-nary instructions on the law The purpose of the

preliminary instructions is to orient the jurors

and explain their duties Typically, the judge

will summarize the jurors’ duties, instruct them

on how to conduct themselves during recesses,

and describe how trials are conducted The

judge may summarize the nature of theCAUSE OF

ACTIONand the applicable law The preliminary

instructions usually last only a few minutes

Opening Statements After the judge gives the

preliminary instructions, the attorneys for the

parties give their opening statements to the jury

During opening statements, the lawyers outline

the issues in the case and tell the jury what they

expect the evidence will prove during the trial

The purpose of theOPENING STATEMENTis to give

a general picture of the facts and issues to help the jury better understand the evidence The opening statements usually last ten to thirty minutes, although sometimes they are much longer The judge can limit the time for opening statements

Usually an attorney will present her open-ing statement as a story, givopen-ing a chronolo-gical overview of what happened from the party’s viewpoint Although the attorneys will present the case in the best possible light for their clients, the opening statements should

be factual, not argumentative The opening statements are not evidence, and the attorneys should not offer their opinion of the evidence

Attorneys are not permitted to make statements that cannot be supported by the evidence they expect to present during the trial

Cases in Chief After the opening statements, the plaintiff, who has the burden of proving his allegations, begins hisCASE IN CHIEF, in which

he attempts to prove each element of each legal claim alleged in the complaint (civil) or

INDICTMENT (criminal) After the plaintiff has concluded his case in chief (and assuming the judge does not dismiss the plaintiff’s claim for lack of proof), the defendant presents his case in chief The defendant presents evidence to refute the plaintiff’s proof and establish any AFFIRMA-TIVE DEFENSES The defendant may also present evidence to support claims he has against the plaintiff (counterclaims) or third parties (cross-claims)

During the case in chief, a party may offer evidence of any type in any order it wishes

Before the evidence may be presented to the jury, however, it must be admitted into evidence

by the judge If a party objects to the admission

of any evidence, the judge must rule on the objection The admission of evidence is gov-erned by theRULES OF EVIDENCE Each jurisdiction has its own rules of evidence, but the rules in most jurisdictions are patterned after the

FEDERAL RULES OF EVIDENCE The rules of evidence are extensive and require hours of study by trial attorneys If the judge determines that evidence offered by a party is admissible under the rules, she will admit the evidence

During their cases in chief, the parties have four possible sources of proof: witnesses, exhibits, stipulations, and JUDICIAL NOTICE The parties elicit proof from a witness through an examination The party who calls the witness

Trang 5

conducts the initial examination, known as the

DIRECT EXAMINATION The party’s attorney asks the witness questions designed to elicit testi-mony helpful to his case After the direct examination is completed, the opposing party may cross-examine the witness During CROSS

-EXAMINATION, a party will often attempt to discredit the witness’s testimony by questioning the truthfulness of the witness or raising inconsistencies or weaknesses in the witness’s testimony In most jurisdictions a party may only cross-examine the witness about the subjects discussed in the testimony given during the direct examination The party who origi-nally called the witness may continue to question the witness following the cross-exami-nation This is known as redirect examination and is usually used to clarify or rebut issues raised during the cross-examination The other party could then recross-examine the witness concerning the testimony offered during the redirect examination In some jurisdictions the judge may ask the witness questions, and a few jurisdictions permit the jury to ask the witness questions, usually written questions read by the judge

Witnesses can offer proof in a variety of ways Most commonly, a witness will simply describe what she saw, heard, or observed to establish events making up elements of a party’s claim For example, in an ASSAULT AND BATTERY

trial, the plaintiff might call a witness to testify that she saw the defendant strike the victim A witness might be used to establish the founda-tion for the admission of other evidence, such

as business records Many jurisdictions allow character witnesses Usually used in criminal cases, character witnesses can offer evidence of specific character traits or evidence of truthful-ness or untruthfultruthful-ness

Rules of evidence govern the testimony of witnesses Although the rules are far too extensive to discuss in depth, several rules are important in every trial Rule 402 states the basic tenet of evidence law: Evidence that is relevant to a fact in issue in the trial is admissible, and evidence that is not relevant is not admissible (subject to various exceptions stated

in the rules) Virtually any evidence may be excluded from a trial under this rule if the trial judge believes that it will not help prove a fact

at issue in the trial Rule 802 is the HEARSAY

rule, which prohibits a witness from testifying about statements made out of court, unless

special circumstances apply Such statements are known as hearsay statements and are thought

to be unreliable evidence Thus, generally, witnesses may only testify about their own knowledge and observations The hearsay rule contains many complicated exceptions, how-ever, and is often criticized as being too rigid and overly complicated

Although the rules of evidence apply to both criminal and civil trials, certain rules have heightened importance in criminal trials Rule

609 generally prohibits the admission of evidence that a witness has been previously convicted of

a crime when the evidence is used to attack the witness’s credibility Evidence of prior convic-tions is admissible to attack the credibility of

a witness when the prior crime was serious or involved dishonesty or false statement The judge can still exclude such evidence if a long period

of time has passed since the conviction or if the evidence would unduly prejudice the jury This rule is often important when a criminal defen-dant with a criminal record is considering whether to testify in his defense Also, Rule 608 generally prohibits evidence attacking the char-acter of a witness However, the rule does allow evidence concerning the veracity of the witness

A party may not offer evidence of the truthful-ness of a wittruthful-ness, however, unless the other party has questioned the witness’s credibility Finally, although not specifically a rule of evidence, the FIFTH AMENDMENT of the U.S Constitution provides that a witness cannot be compelled to testify if the testimony could lead to the witness’s

SELF-INCRIMINATION Besides witnesses, exhibits are the other principal form of evidence in a trial The four principal types of exhibits are real objects (guns, blood, machinery), items used for demonstra-tion (diagrams, models, maps), writings (con-tracts, promissory notes, checks, letters), and records (private business and public records) Before an exhibit may be admitted as evidence

in a trial, a foundation for its admissibility must be laid To provide foundation, the party offering the exhibit need only establish that the item is what it purports to be The foundation for the evidence may come from witness mony or other methods As with witness testi-mony, the admissibility of exhibits is governed

by rules of evidence and is within the discretion

of the trial judge

The third type of evidence that the parties may offer during their case in chief is the

Trang 6

stipulation A stipulation is an agreement

between the parties that certain facts exist and

are not in dispute Stipulations are shown or

read to the jury The purpose of a stipulation is

to make the presentation of undisputed

evi-dence more efficient For example, the parties

might stipulate that an expert witness is an

expert in her field so that time is not wasted

establishing the witness’s credentials

Judicial notice is the fourth method of

offering evidence to the jury If the judge takes

judicial notice of a fact, the fact is assumed true

and admitted as evidence Judges take judicial

notice of facts that are commonly known in the

jurisdiction where the trial is held (e.g., the

Empire State Building is in Manhattan) and

facts that are easily determined and verified

from a reliable source (e.g., it rained in

Manhattan on May 28, 2001) As with

stipula-tions, the primary purpose of judicial notice is

to speed the presentation of evidence that is

relevant but not in dispute When a party

finishes offering evidence to the jury, he rests

his case

Rebuttals After the defendant rests her case in

chief, and any motions are decided, the plaintiff

may introduce evidence that rebuts the

defen-dant’s evidence Rebuttal evidence is usually

offered to prove a defense to the defendant’s

counterclaims or to refute specific evidence

introduced by the defendant Finally, the

defendant may rebut evidence offered during

the plaintiff’s rebuttal case This is known as the

defendant’s surrebuttal case

Motions Although motions might be made on

a variety of issues at any moment in a trial,

certain important motions are made during

virtually every trial After the plaintiff rests his

case in chief, the defendant usually moves for a

DIRECTED VERDICT (This motion has different

names in different jurisdictions In criminal

cases, this type of motion is often called a

motion for judgment of ACQUITTAL The

sub-stance of the motion is the same in virtually

every jurisdiction.) A motion for directed

verdict asserts that the plaintiff failed to

establish a critical element of his claim during

his case in chief If the plaintiff has failed to

offer any evidence to support an element of his

claim, the judge will enter judgment for the

defendant The defendant need not offer any

evidence; the trial is over For purposes of the

motion, the judge will consider all of the

plaintiff’s evidence in the light most favorable

to the plaintiff For example, the judge will consider all of the testimony offered by the plaintiff’s witnesses to be true Although motions for directed verdict are made in virtually every trial, they seldom are granted

After the defendant’s case in chief, the plaintiff may move for a directed verdict on any of the defendant’s affirmative defenses and counterclaims The motion is identical to a defendant’s motion for a directed verdict, except that the judge will consider the defen-dant’s evidence in the light most favorable to the defendant If the defendant has offered evidence to support all of the elements of her

AFFIRMATIVE DEFENSE or COUNTERCLAIM, the plain-tiff’s motion for directed verdict is denied

Finally, either party may make a motion for directed verdict after the close of all evidence

Again the judge considers the evidence in the light least favorable to the party making the motion and decides whetherPROBATIVEevidence supports the nonmoving party’s claims

Closing Arguments After both sides have rested, the attorneys give their closing argu-ments During closing arguments, the attorneys attempt to persuade the jury to render a verdict

in their clients’ favor Typically, the attorneys tell the jury what the evidence has proved, how

it ties into the jury instructions (which the attorneys and judge agreed upon in a confer-ence held before closing arguments), and why the evidence and the law require a verdict in their favor Because closing arguments provide the attorneys with their last chance to persuade the jury, the closing arguments often provide the most dramatic moments of a trial Closing arguments typically last 30 to 60 minutes, although they can take much longer

In most jurisdictions, the plaintiff argues first and last That is, the plaintiff argues first, then the defendant argues, and then the plaintiff makes a rebuttal argument Actually, the party with theBURDEN OF PROOFusually argues first and last This is almost always the plaintiff, but sometimes the only issues remaining for the jury to decide are affirmative defenses or counterclaims raised by the defendant Also, a few jurisdictions allow only one argument per side, and in a few of these, the defendant argues first, plaintiff last

Jury Instructions After the attorneys have completed their closing arguments, the judge instructs the jury on the law applicable to the

Trang 7

case In most jurisdictions the judge will both read the instructions and provide written instructions to the jury A few jurisdictions only read the instructions The jury will also be given verdict forms On the verdict form, the jury will indicate how it finds on each of the claims presented during the trial Sometimes the jury may be given a SPECIAL VERDICT form asking how the jury finds on a specific issue of fact or law The jury instructions normally last

10 or 15 minutes, although they may take much longer in complex cases

Jury Deliberations and Verdict After the judge has finished instructing the jury, the jury retires to the jury room to begin deliberations

At this time the alternate jurors are dismissed, although some jurisdictions allow the alternate jurors to participate in deliberations The court bailiff brings the exhibits and written instruc-tions to the jury room and safeguards the jury’s privacy during deliberations

It is largely up to the jury to decide how to organize itself and conduct the deliberations

The judge usually only instructs the jurors to select a foreperson to preside over the delibera-tions and to sign the verdict forms that reflect their decisions Jurors sometimes have ques-tions during their deliberaques-tions Usually, they write their questions and give them to the bailiff, who takes them to the judge The judge confers with the attorneys and sends a written response to the jury A jury might deliberate anywhere from a few minutes to several days

Usually the jury must reach a unanimous verdict, although majority verdicts are some-times allowed in civil cases If the jury tells the judge it cannot reach a verdict, the judge usually gives the jury some further instructions and returns it to the jury room for further delibera-tions If the jury still cannot reach a verdict, however, the jury is deadlocked, and aMISTRIAL

is declared The case must then be retried

Usually, however, the jury reaches a verdict

When the jury reaches a verdict and signs the verdict forms, it notifies the judge that it has reached a decision The attorneys, if they are not in the courtroom, are called, and everyone returns to the courtroom The judge asks the foreperson if the jury has reached a verdict

The foreperson responds“yes,” and the verdict forms are read aloud, usually by the court clerk

In most jurisdictions the parties may POLL THE JURYby asking each individual juror if he or she

agrees with the verdict Obviously, in a court trial without an advisory jury, there is no jury deliberation or verdict The judge simply enters

a judgment based on the applicable law and his own view of the facts

Post-trial Motions and Appeal Although a jury trial technically ends when the verdict is read, the attorneys normally file post-trial motions The losing party often will file a motion for JUDGMENT NOTWITHSTANDING THE VERDICT This motion asks the judge to set aside the jury’s verdict as manifestly against the weight of the evidence presented at the trial and to enter judgment for the moving party instead This motion is not applicable to a court trial Also, the losing party will often move for a new trial, claiming that errors made during the trial by the judge require the case to be retried Usually the judge will conduct a hearing on post-trial motions

After the judge decides the post-trial motions, she enters judgment in accordance with the jury verdict and the post-trial motions Once the judge enters the judgment, the court loses jurisdiction, and the case ends in the trial court

If the losing party still believes that errors in the trial caused an incorrect judgment, it may appeal to an appellate court The appellate court may agree and order a new trial, in which case the trial process begins anew

FURTHER READINGS Brodsky, Stanley L 2009 Principles and Practice of Trial Consultation New York: Guilford Press.

Grossman, Steven P., Michele Gilman, and Fredric I Lederer 2008 Becoming a Trial Lawyer Durham, N.C.: Carolina Academic.

Haydock, Roger S., and David F Herr 2009 Discovery Practice, 5th ed New York: Aspen.

Herr, David F., Roger S Haydock, and Jeffrey W Stempel.

2009 Motion Practice Frederick, Md.: Aspen Mauet, Thomas A 1992 Fundamentals of Trial Techniques Boston: Little, Brown.

Singleton, John V 1988 “Jury Trial: History and Preserva-tion ” Trial Lawyer’s Guide, 32 (fall).

CROSS REFERENCES Civil Procedure; Criminal Procedure; Magna Carta; Right to Counsel

TRIANGLE SHIRTWAIST COMPANY FIRE

The Triangle Shirtwaist Company fire that took place in New York City on March 25, 1911, remains a landmark event in the history of U.S

Trang 8

industrial disasters The fire that claimed the

lives of 146 people, most of them immigrant

women and girls, caused an outcry against

unsafe working conditions in factories and

sweatshops located in New York and in other

industrial centers throughout the United States

and became the genesis for numerous

work-place safety regulations on both the state and

federal level

The ten-storey Asch building, owned by

Max Blanck and Isaac Harris, was located at the

corner of Washington Place and Greene Street

in New York City The top three floors of the

building housed the Triangle Shirtwaist Factory

The Triangle Company, like its competitors,

used subcontractors for the manufacture of

women’s clothing Under this system, workers

dealt directly with subcontractors who paid

them extremely low wages and required them

to work long hours in unsafe conditions The

Triangle Company was the largest manufacturer

of shirtwaists in the city, employing

approxi-mately 700 people Whereas the subcontractors,

foremen, and a few others were male, the great

majority of the workers were female Most of

the Triangle workers, who ranged in age from

15 to 23, were Italian or European Jewish

immigrants Many of them spoke little English

Their average pay was $6 per week, and many

worked six days per week in order to earn a little

more money

Like many of their fellow immigrants in

other factories throughout the city, the Triangle

Shirtwaist workers labored from 7 in the

morning until 8 at night with one half-hour

break for lunch They spent their time hunched

over heavy, dangerous sewing machines that

were operated by foot pedals The rooms in

which they worked were dirty, dim, and poorly

ventilated The finished shirtwaists hung on

lines above the workers’ heads and bundles of

material, trimmings, and scraps of fabric were

piled high in the cramped aisles between the

machines Most of the doors were locked on the

theory that locked doors prevented the workers

from stealing material

In November 1909, these conditions led the

localLABOR UNION to call for a strike against the

Triangle Shirtwaist Company Over the next

few weeks, the strike spread to the city’s other

shirtwaist manufacturers Although local

news-papers referred to the general strike as the

“uprising of the ten thousand,” estimates of

the actual number of women workers who

participated in the walk out range from 20,000

to 30,000 Predictably, government officials, the media, and the public split into two camps with unions, labor organizations, and blue collar workers supporting the strikers while businesses and industrial leaders denounced them

Although the manufacturers tried a number

of tactics to break the strike including mass arrests and the use of thugs to beat and threaten the workers, public opinion appeared to reside with labor In February 1910 the opposing groups reached a settlement that gave the strikers a slight wage increase Although the strikers thought they had gained a shorter workweek and better working conditions, no changes were made In particular, union demands for better fire safety were not addressed

Saturday shifts generally ended earlier than weekday shifts On Saturday, March 25, 1911, workers in other parts of the building had left at around noon Many of the 500 workers present that day at the Triangle Company had begun

to put away their work and to put on their hats and coats in anticipation of the factory’s 4:45 P.M quitting time At approximately 4:30

P.M the cry of“Fire!” was heard on the eighth floor Pandemonium ensued as flames began to leap over the piles of rags that littered the floor

While a few workers attempted to throw buckets

of water at the fire, terrified women and girls struggled to make their way to the narrow stairway or the factory’s single fire escape

Others crowded into one of two elevators (one was not in service) as the fire spread to the ninth and tenth floors

Most of the workers on the eighth floor were able to make their way to safety Workers

on the tenth floor where company offices were located received a phone call about the fire and were able to climb to the roof of the fireproof building where they made their way to the adjoining New York University Building and were rescued Those on the ninth floor were not

as lucky The fire moved so quickly, that the corpses of some were found still seated in front

of their sewing machines As the conflagration built, the workers on that floor found no way to escape The exit doors, which swung inward, were locked The one working elevator, after making its way down with the first load of workers, stopped working The number of workers on the fire escape was so great that it gave way and collapsed, killing a number of girls and women who were on it Some women tried

Trang 9

to slide down the elevator cables but lost their grip and plunged to their deaths As horrified onlookers watched, other desperate workers began breaking windows and jumping from the ninth floor to the street

As corpses piled up on the sidewalks outside the building, two fire fighting companies arrived followed by several others but found themselves helpless Their ladders only extended to the sixth floor and their hoses were too short to be

of use They tried to use safety nets, but girls and women jumped in groups of three and four breaking the nets and fatally hitting the concrete pavement In less than 15 minutes a total of 146 women and girls had died from burns, suffocation, or falls from the fire escape, the elevator shafts, or the eighth floor Although the remains of most of the workers were identified within one week, seven remained unidentified

The gruesome events of the day consumed the city of New York for a number of weeks

Most people were repulsed at the horrific way in which the women had died and the lack of safety precautions that had led to the massive loss of life However, some defended the right of businesses to operate as they saw fit and to remain free from government safety regulations which they saw as government intervention

Many government officials pronounced them-selves powerless to impose safety regulation

An investigation ensued and the owners of the company were ordered to stand trial on charges ofMANSLAUGHTER The exact cause of the fire was never determined, although many contended it was caused by a spark from one

of the sewing machines or a carelessly tossed cigarette Blanck and Harris were acquitted by a jury charged with deciding whether they knew that the doors were locked at the time of the fire The families of 23 of the victims filed civil suits against the owners, and in 1914 a judge ordered them to pay $75 to each of the families

Three days after the fire, the Triangle Company inserted a notice in trade papers stating that the company was doing business at 9-11 University Place Within days, New York City’s Building Inspection Department found that the com-pany’s new building was not fireproof, and the company had already permitted the exit to the factory’s one fire escape to be blocked

Immediately after the fire, numerous orga-nizations held meetings to look into improving

working conditions in factories and other places

of work A committee of 25 citizens, including

FRANCES PERKINSandHENRY L.STIMSON—who later became cabinet members in PresidentFRANKLIN

D ROOSEVELT’s administration—was created as

a first step in establishing a Bureau of Fire Prevention A nine-member Factory Investigat-ing Commission, chaired by state senators Alfred E Smith (the Democratic presidential candidate in 1928), Robert W Wagner, and union leaderSAMUEL GOMPERS, worked from 1911

to 1914 to investigate fire safety as well as other conditions affecting the health and welfare of factory workers

In 1912 the New York State Assembly enacted legislation that required installation of automatic sprinkler systems in buildings over seven stories high that had more than 200 people employed above the seventh floor Legislation also provided for fire drills and the installation of fire alarm systems in factory buildings over two stories high that employed

25 persons or more above the ground floor Additional laws mandated that factory waste should not be permitted on factory floors but instead should be deposited in fireproof recep-tacles Because of the bodies found in the open elevator shafts of the Asch Building, legislation was enacted that required all elevator shafts to

be enclosed

The scope of safety laws was expanded

by legislation that limited the number of hours that minors could work and prohibited chil-dren under the age of 16 from operating dangerous machinery Many laws passed by the New York Assembly in the wake of the Triangle Shirtwaist Factory fire were the basis of similar workplace safety legislation in numerous states throughout the country

Another byproduct of the fire was an increased support for unions, particularly the International Ladies’ Garment Workers Union (ILGWU) The ILGWU, to which some Trian-gle company employees had belonged, helped form the Joint Relief Committee which col-lected moneys to be distributed to the families

of the lost workers The union gained thousands

of new members in industrial centers around the country and helped to lobby for stricter safety regulations, many of which eventually were encoded in federal legislation passed during the administration of President Roose-velt These laws, in turn, were the genesis of the U.S LABOR DEPARTMENT’s Occupational Safety

Trang 10

and Health Administration (OSHA) OSHA was

established in 1971 by the OCCUPATIONAL SAFETY

AND HEALTH ACT to improve workplace safety

conditions for the nation’s workers who

numbered 111 million in 2003

Định dạng
Số trang	10
Dung lượng	238,66 KB