Jeremy Thomas

Mrs. McMennamy
Capstone
August 24, 2016
Summer Track Hour Reflection #1
Over the Summer, I had the opportunity to study at Columbia University, under the
tutelage of Mrs. Florina Altshiler- Classic.The experience was indisputably multifaceted and
expectedly challenging. On the first day of class, my professor announced that many of us should
drop, because [we] wont be able to handle it. In our defense, only one of us did, however she
did live up to her promise of academic rigor. In all honesty, she couldve been a teacher at
Clements.
Seeing as this was a Trial Advocacy course, it is centered around the legal process as a
whole. In our first week we got a very broad overview of what the legal system is and how it
functions. We were also introduced to our culminating examination/project: a mock trial.
The legal systems first and most fundamental schism is between the criminal and civil
facets. As can be expected, there are a multitude of qualities that give each its uniqueness,
however both try to maintain the tenants of the legal process. Those tenants do not include
despite popular belief the truth, rather they are equality and fairness. This is largely because in
many instances the truth, as it were, simply does not have a chance to get out, for any number of
reasons. In order to mitigate that damage and to reduce the possibility of that happening, a series
of rules, for want of a better word, are placed on the system in an attempt to achieve the most fair
result based upon the evidence presented.
The criminal side of the legal system has the penalty of jail (or the rare potential for
death).The criminal system also carries the highest burden of proof found in any aspect of the
legal system: beyond a reasonable doubt. Which simply means that within the constraints of the
ever-so-uncanny common sense, a situation, or the facts presented do not have any sort of
illogical hole in them. Beyond a reasonable doubt does not have any sort of percentage value, nor
should one be added to it (and is objectionable during trial). That being said, it is also not 100%
certainty, there can be doubt but not one that is significant enough to foster disbelief in the
integrity of the evidence presented. Additionally, the criminal side of the legal system mandates
that a jurys decision be unanimous (12 of 12 jurors) for whatever decision is reached.
By great contrast, the civil systems stakes are considerably lower, and money is the
penalty if convicted of a crime, never jail. The burden of proof for the civil system is by a
preponderance of evidence, which effectively means greater than 50% certainty. This is a
fractional value that is permissible within the confines of the legal system. In order to convict

someone of a crime on the civil side a vote of half plus one is mandated (typically five of six
jurors). Furthermore, and potentially the more strategically distasteful aspect of civil law is that
all evidence must be exchanged equally if it is wanted to be used in trial by either side.
A good portion of the first week of class was focused on the basic rundown of the legal
system and specifically how it impacts trial and those on trial. We got a much more profound
explanation and comprehension of how it functions over the course of this week, of course.
Additionally, we had the opportunity to visit and observe cases being presented in both State and
Federal Court (which also have considerable differences about themselves). Overall, the first
week was really a large-scale breakdown of the intricate framework of the legal system.