Florida Criminal: Prosecute And Defend? 2010
“Seriously: You Prosecute And Defend?”
By Stephen Fitzpatrick
The South Eastern Circuit annually sends four Junior Barristers to take part in the Advanced Prosecutor and Defender Trial Training Programme held at the University of Florida in Gainesville. This was the eighteenth year of the course, which is unique in the United States in that it emphasises joint training between the Public Defenders and State’s Attorneys. The joint training is a feature the course openly states is based on the British system.
The course is comprised of approximately 80 newly qualified American lawyers all under three years post qualification experience. The teaching faculty is an outstanding array of senior prosecutors, defenders and judges many of whom have reputations expanding across the Atlantic. The faculty traditionally are also assisted by distinguished Queen’s Counsel; on this occasion Sir Geoffrey Nice QC, also returning to take part in the course for the first time in 18 years.
The course was very intensive and immensely beneficial. Each student had to prepare two trials to be presented each day over the course of 7 days. The whole course was videoed with regular feedback from the faculty. It was an amazing experience to observe and learn from the different approaches from the Americans in terms of style, procedure and attitude. It was certainly fun to be able to pace around the courtroom whilst addressing the jury or to become completely engrossed in the American system of objections whilst resisting the urge not to say “objection your Honour” with an American accent.
Probably the most fascinating and difference was jury selection, something which was alien to all of the Barristers attending the course yet seen as one of the most vital components in winning a trial in the States. In explaining the correct approach one of the judges stated that “the whole purpose of jury selection is not to pick a fair jury, it’s to pick the most empathetic to your case.” Perhaps from television I had previously thought that the purpose of this procedure was to exclude jurors of a certain race or background. It became clear however that the most important function was to ask questions which would ingrain the seeds of your case theory into the minds of the jury before the case had started as opposed to excluding particular individuals.
In contrast, many of the American Lawyers were equally surprised to hear of many aspects of the English legal system. They were particularly shocked to hear that in the UK it would be common for a jury to hear about a defendant’s previous convictions and that the character of a prosecution witness could not be attacked without the risk of losing your client’s shield. But the question most often put to the barristers attending was: “Seriously. You prosecute and defend?”
The American faculty and students were completely enamoured by the performances of the Barristers on the course and positively blown away by a demonstration given by Sir Geoffrey Nice QC at the end of the course. Whilst our British accents certainly played a part in this, it was acknowledged by the senior members of the faculty that the barristorial system allows for this. The American lawyers would conduct the case from beginning to end attending police stations, taking witness statements, depositions and finally conduct the trial. The system there however simply does not accommodate for a person to become solely a specialist advocate.
Above all they were further impressed by the independence of the UK Bar. Not just the ability to prosecute and defend but the objectivity which can only be given by being truly separate from both the state and the financial objectives of being part of a law firm.
But the course was not all work and law. The Americans were very happy to have us as their guests. They provided accommodation in the local Hilton and took the five barristers to a variety of locations from the springs to local line dancing clubs. We even had several judges teaching us how to ride the rodeo like a true cowboys. As a thank you the Americans were treated to the traditional Pimms Party this year also coupled with a quiz on “all things British.”
It was a true honour to be part of a programme that not only improved our abilities as advocates but further allowed us to be involved in showcasing the English Bar and further increasing international relations. A tradition I hope will continue for other barristers for at least eighteen more years to come.