aj 50 – introduction to administration of justice chapter 8 – courtroom work group and criminal...
TRANSCRIPT
AJ 50 – Introduction to Administration of Justice
Chapter 8 –
Courtroom Work Group and Criminal Trial
Courtroom Work Group
Courtroom professionals including…– Judge– Prosecuting Attorney– Defense Attorney– Public Defender– Other miscellaneous participants
Each plays a particular role in overall administration of justice
The Judge
Elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials
The Roles of the Judge…– Rule on matters of law– Decide guilt or innocence in bench trials– Manage the court
Judicial Discretion– Judge has the authority to make rulings based on laws and
procedures
The Prosecuting Attorney
Attorney whose official duty is to conduct criminal proceedings on behalf of the State or the People against criminal defendants
Roles of the Prosecutor…– Represent the People– Act as quasi-legal advisor of local police– Demonstrate guilt beyond a reasonable doubt
Prosecutorial Discretion– Decision-making authority regarding how to handle
individual cases
The Defense Attorney
Hired or appointed attorney who conducts legal defense of defendant and represents him or her before a court of law
Roles of the Defense Counsel– Represent the accused– Protect the Defendant’s rights– File appeals
Gideon vs. Wainwright (1963)– Extended right to counsel (Public Defender) to all
indigent defendants
The Bailiff
Court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury
Roles of the Bailiff– Act as court officer– Ensure order– Call witnesses– Prevent the escape of the accused– Supervise a sequestered jury
Court Administrators, et al.
Provide uniform court management– Scheduling and record-keeping– Personnel/budget administration– Space-utilization and facilities planning
Court Reporter– Stenographer or recorder who creates record of all
that occurs during a trial
Clerk of the Court– Maintains all records in criminal cases
Witnesses
Subpoena– Written order requiring witness’s appearance in court
Lay witness– Eyewitness, character witness, or other person called on to
testify – Not considered an expert– Must testify to facts only, no opinions
Expert witness– Special knowledge and skills recognized by the court as relevant
to determining guilt or innocence– May express opinions/draw conclusions
Jurors
Members of a trial (or grand jury) who have been selected for jury duty and is required to serve as an arbiter of the facts in court
Expected to render verdicts of “guilty” or “not guilty”
– Trier of the Facts
“Hung Jury” is the inability to give a verdict beyond a reasonable doubt
The Victim
Special type of witness Hardships of victimization
– Uncertain as to their role– Lack of knowledge regarding the legal system– Trial delays that result in frequent travel, missed
work, and wasted time– Fear of retaliation– Trauma of testifying and cross-examination
The Defendant
Defendants must be present at all stages of their trials
– If initially present, the defendant may be voluntarily absent
Defendants have choice in…– Counsel
– Defense strategy
– Information to divulge
– Whether to testify
– Whether to file an appeal
The Press and Public
The Sixth Amendment requires a public trial– Press reports often create preconceived ideas,
opinions, biases about a case– Difficult to find impartial jurors
Change of Venue– Movement from one jurisdiction to another to
ensure a fair trial
Nature and Purpose of the Criminal Trial
Adversarial System– Prosecution vs. Defense
In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one
Rules of Evidence– Govern the admissibility of evidence
presented during trial
Trial Initiation
Sixth Amendment guarantees right to a speedy trial
Speedy Trial Act (1974)– Federal law requiring that criminal
proceedings begin within specified period of time
– Applies only in federal courts, but some states have similar requirements
Jury Selection
Sixth Amendment guarantees trial by impartial jury
Voir Dire– Process of questioning prospective jurors
Challenges– For Cause
Specific reason
– Peremptory Attorney does not have to disclose reason
Trial Proceedings
Opening Statements– Initial statement of Prosecution or Defense
describing the facts to be presented to prove the case
– Evidence is not offered– Defense may focus on Prosecutor’s burden-of-
proof requirement Presentation of Evidence
– Anything offered to prove/disprove disputed fact– Assist judge/jury make decision in a case
Types of Evidence
Real Evidence– Physical objects, materials, traces of physical activity
Direct Evidence– If believed by jury, directly proves a fact– Eyewitness accounts, videotaped documentation
Circumstantial Evidence– Requires interpretation or inference to reach factual
conclusion Probative Value
– The degree to which evidence is useful in proving a disputed fact
Witness Testimony
Testimony– Oral evidence offered by a sworn witness on
the witness stand during a criminal trial Under oath or affirmation
Perjury– Unlawful, intentional lying under oath or
affirmation to give truthful testimony on a relevant matter
Special concerns for children as witnesses?
The Hearsay Rule
Hearsay– Testimony that is not based on the personal
knowledge of a witness– Cannot be used in American courtrooms
Exceptions include…– Spontaneous Statements– Dying Declarations
Closing Arguments
Closing argument = Oral summation of a case presented by the Prosecution or Defense in a criminal trial
Provides a review and analysis of the evidence
Final attempt to persuade the jury to draw a conclusion favorable to the presenter
The Judge’s Instructions to the Jury
The judge charges the jury to retire and reach a verdict
The judge instructs the jury regarding…
– Objectivity– Statutory elements of the charges– Burden of proof– “Guilty beyond a reasonable doubt”
Jury Deliberation and the Verdict
Deliberation– Process of evaluating evidence presented at trial
in order to reach a decision
Verdict– The decision of the jury in a jury trial or of a judge
in a non-jury trial– If verdict is “guilty”, sentencing will generally take
place at a separate hearing