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