Friday, October 26, 2007

Covering the Beat- Covering the Courts

I learned tons of information in these chapters, alot of it might have been over my head and I may have to refer back to it if I have to cover a story but hey I got the jist!!

When covering criminal courts I learned there are 3 ways that a suspect can be charged with a crime. First there is your everyday arrest. Alright well its not realllly everyday that you get arrested but hey we're pretty familiar with that one. Secondly there is the grand jury indictment and thirdly a charged brought on by "information" which usually occurs in the majority of crime cases because there is no grand jury function. A hearing and arraignment ensue.

However what was most interesting to me in this chapter was that many conflicts are resolved by plea bargaining. I never knew how judges had enough time to handle all the cases but this makes sense. If defense lawyers try to resolve the problem and bargain before heading to trial, they can save time, effort and perhaps get their client a lesser sentence. This way judges can devote their time to more serious matters.

A sheepishly admit that until this chapter I didn't even know there was a difference between jail and prison. And I didn't know the difference in charges between a misdemeanor and a felony. Although they both may have a sentence of probabation, a misdemeanor has a maximum sentence where felonies have a minimum sentence of one year.

I didn't realize how much actually went on during the pre-trial proceedings!! Defense lawyers prepare their presentation and analyze and gather the evidence. The exchange of evidence between the two lawyers occurs here such as police reports, names of witnesses, photographs and lab results. Sounds like intense preparation!!

Without a doubt though, learning about the motions is where I found the most interesting stuff. As a journalist, if I follow the motions I will find a story. Many things can change in the court room that can give me a lead such as when courts question the jury selection, implement a gag orders, question mental competency,and issue new or dismiss old evidence or even all charges completely.

Even though the trial is the main event and will be my main story, it is advised that the reporter be aware of trial strategy,legal issues and human drama that might unfold. In the end though I learned I must become familiar with the different types of objections, follow the jury selection, be present during the opening statements, focus on the presentation of evidence, pay attention to the cross examination, take notes on the closing argument, and stick around for the juror's instruction on the law. More importantly you should be around for when the verdict has been reached and announced in court, interview the jurors at the conclusion of the case, and appear at the sentencing hearing. However, if you think your job ends there make sure there is no appeal process before you publish your story!

In general I learned that usuallllly civil court cases aren't that newsworthy... simply because there are thousands a year and the disputes involve no significant legal issues and are usually between little-known parties so they aren't of public interest. However these cases still help to shape our society and values. Usually society members seek justice on their own from everything like dogbites and wrongful deaths to child custody issues and legal malpractice. To me although these may seem boring, pretty much everything and anything could end up in court so it could be pretttty amusing!

A civil case begins with the filing of a complaint or a petition brought on by the victim directly. However usually it takes many years for the case to actually be brought to court and for the evidence to be collected. Because this process is so long, sometimes the case is settled before it even reaches the court. The lawsuits then typically unfold gradually. Even though there are a few differences, the rest of the trial proceeds very much like a criminal case with the presentation and defense of evidence and then the submition for a verdict. A settlement or an appeal may occur sometime afterwards.

Ultimately as a reporter we are generally looking to write a story on the evidence that is found during the discovery phase. This is where we can find some newsworthy information because overall it seems covering these types of court cases can be pretty bland.

Because there is SO much information on covering beats I will simply regurgitate the best tips and pieces of advice I recieved.

To be a successfuly beat reporter one should be prepared, alert, persistent, present, and wary. Get to know your beat, figure out the records, make notes, and learn the law! You should also start establishing a relationship with your sources, understand your editors expectations and talk to your predecessor to get some background. Don't ever give up until you get the answer and keep track of slow developing problems or projects incase they break one day. And always follow the money, the power and the politics.

Finally, some really good personal advice I got was to do favors when you can because as a reporter you are constantly asking for favors. Don't always fall into the trap that bad news is good news. Always protect your sources and above all be accurate.

Although there are many beats such as the police dept., government, schools, the courts, religion, the environment, science and medicine, the process when starting to cover a beat is the same: learn the language, research, and develop your sources.

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