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Show Page AAarch, 1973 Utah Farm Bureau News 4 The Utah's Judicial System Dr. George S. Benson President better inform Farm Bureau members about Utah's Judicial system. . . NATIONAL EDUCATION the classroom. PROGRAM New Way to Learn SearcyArkaas The E THE About a year ago our National MINI-COURS- Education Program joined with the American Citizenship Center at Oklahoma Christian College in a project utilizing the brains of OCCs faculty to Mini-courdevelop a pilot-plaon the Declaration of Independence for use in junior and senior high schools throughout the country. Our thinking was that if a practical short course could be developed by professional educators which could be integrated into all criminal actions, the states case is handled by designated public prosecutors. The defendant in such .actions is also represented by legal counsel, and must be so represented to insure the protection of his constitutional rights. Ordinarily, a defendant hires an attorney of his own se nt choosing. If the defendant is financially unable to do so, Utah law makes it a responsibility of the county in which the trial is conducted to provide legal counsel either by (1) authorizing the court without classes various disruption it could become a prototype for short Minicourses on all elements in the to appoint counsel, to whom the county must make reasonable payment for services; or (2) arrange to provide the services through nonprofit legal aid or other similar associations. Incorporated cities and town may donate money for these purposes. American In the system. opinion of a swiftly growing number of citizens and school authorities such citizenship education is Americas greatest need today. This week we have studied e on the resultant Inof Declaration the dependence. The kit was produced by nationally recognized pioneers in audioMini-cours- TRIAL BY JURY The right to trial by jury is granted to all persons charged with crime. A defendant may waive jury trial in any case except one in visual education techniques, which conviction might carry the death penalty. A unanimous decision of the jury is necessary for a finding of guilty or not guilty in a criminal case. If a unanimous decision cannot be reached, the jury is discharged and the court may order a new trial before a new jury. Discharge of a jury without ordering a new trial is tantamount to acquittal, as a defendant is presumed innocent unless convicted. Civil cases are tried before a judge without a jury unless either party requests a jury trial. In jury trials of civil actions, a unanimous verdict is not required, and a verdict may be reached by three.-fourth- s of the jurors. In capital cases, juries are composed of twelve citizens. For other cases tried in Utah district courts, the number of jurors is eight, or fewer if agreed to by both parties. In city and justices courts the number of jurors is four unless the parties agree on a smaller number. GRAND JURIES A grand jury under Utah law is a body of seven eligible U.S. citizens called to inquire into possible public offenses. Five of the seven jurors constitute a quorum. The convening of a grand jury is not a routine operation, but it is called by a district judge or judges when it appears that the public interest demands such action. Since 1967, Utah law has required that the district court in each district of the state hold a grand jury hearing at least Mice every two years in each county of the district. The judges hear in secret all persons claiming information justifying the calling of a grand jury, and a grand jury is called if the judge believes that reasonable cause exists. A grand jury is authorized to inquire into all public offenses and malfeasance in office within the jurisdiction of the court and triable within the county. While in session, each grand jury has the specific duty to inquire into the condition of jails and inmates within its territorial jurisdiction, and at the close of its session the jury may, if it so desires, make written. Mini-cours- on the e Declaration consists of a Teachers Guide which gives PUBLIC DEFENDERS In technique by teachers for teachers. It requires a maximum of eight hours of studying for students; and this can be cut to four hours if absolutely necessary. With a few introductory and explanatory remarks by a classroom teacher, students can work with and complete the course outside 1 Ahead from the Utah Foundation Report number 306. Our goal has been to se is designed Looking Editor's note: The following is the concluding article in a series taken Mini-cour- under the personal direction of Dr. Stafford North, Dean of OCC. Some of the facts brought dramatically to our attention in the course had either been forgotten by me or never learned. One of the most timely unspoken conclusions in the course is that the situation and events preceding the 2 Revolutionary" war of were entirely different from those loudly proclaimed by the American Left-win- g forces in America today. Developed by Teachers This pace-settin- g kit on the Declaration is already exso-call- 1776-178- into one division for this purpose, recommendations for changes in governmental procedures. A grand jury may continue its session until its business is completed, except that a session may not be continued beyond the end of the calendar year in which it was called. COUNCIL JUSTICE Since 1961 ON CRIMINAL Utah has had a State Council on Criminal Justice Administration, whose purpose is to strengthen the system of criminal justice in the state. The council is composed of a number of elected or state appointed representatives of officials, quasi-offici- al organizations including the State Bar Association, State Medical Association, and State Council on Social Welfare, and six lay citizens appointed by the Governor and subject to Senate confirmation. Total council membership is fifteen. The Council has no budget, all members serving without com- pensation. Staff assistance is provided by participating state agencies. UTAH STATE BAR Persons admitted to practice as attorneys before the Utah Supreme and five commissioners are elected from the Third Division (Salt Lake and Tooele Counties). The Bar Commission, in effect, regulates the legal profession in the state, establishing rules of conduct for members of the bar and having power to investigate, consider, and pass upon all unethical, questionable, or improper conduct of any persons admitted to the practice of law, including a member of the bar All holding judicial office. decisions of the Commission are subject to review by the Utah Supreme Court, and only the Supreme Court has final power to discipline or disbar an attorney. periencing pilot-plan- in- t tegration into four school systems and may be so tried out in several more before June. Shortly other element in American history, government and economics will be developed in Mini-cours- e form in our continuing project at OCC. Then, by next September, it is hoped that sufficient experience will have been obtained, refinements achieved in the courses, and a beginning made in a nationwide integration of this citizenship education project in secondary schools all across the nation. explicit instructions on how to handle each element in the course; a students Workbook which is a great aid to learning; three audio tapes carrying the courses lessons (which are integrated with the Workbook so that the student listens to the tapes while filling in his Workbook assignments): and, lastly, a short film produced by En- cyclopedia Brittanica: The Declaration of Independence By the Colonies. Along with the educational materials, there are two series of test forms in the kit. One series of tests is given prior to the actual start of the course; and one following the last assignment in the course. If a student taking the shows tests adequate knowledge of any of the key facts about the Declaration he is not required to take that portion of the course dealing with that particular fact. But after my own experience in studying the course, with its dramatized audio tapes and comprehensive modern Work-booI dare say that few students will want to be excused pre-cour- se k, from taking the full course. Great Personal Experience In a very short time working with the course, I heard and saw the whole colorful and exciting history of the beginning of our nation; the cruel despotic acts of a King (of England) ruling over 13 colonies which had been founded for the precise purpose of establishing individual the British freedom; Parliaments taxation of the colonists without representation; the refusal of the British monarch to listen to citizen complaints; the formation of the Continental Congress (a rebel Congress composed of delegates from all 13 colonies) and its futility in bucking the monolithic power of King George; the outbreak of military skirmishes as the foreign troops enforced British law; the writing of the the ensuing military actions, and the war for independence; and the decision to establish a free and Declaration, independent nation undergirded by a Constitution. MinThe second of the Conon the icourses will be the actual under a Federal government with limited stitution and unification powers; the division of powers of the three divisions of the new Republic, the inaugural of President George Washington, and the birth of a great nation. If you and your community and schools are interested in integrating these courses into when they are your schools next write ready September me at American Heritage Center, Searcy, Ark. 72143. Children imitate Court are automatically allowed to practice before all other courts of the state. They also qualify as members of the Utah State Bar, a quasi-offici- al regulatory organization. Members of the bar elect a board of nine commissioners to serve staggered three-yea- r terms. One commissioner is elected from each judicial district of the state, except that the Fifth, Sixth, and Seventh Judicial Districts are combined. Setting safe examples Produce? safe result?. |
