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S h e r i f f ’s R e s p o n s ib i l i t i e s : C o u r t D u t ie s
Basic Law Enforcement Training 1
Instructor/Hypermedia
BLET: 32A
TITLE: SHERIFF’S RESPONSIBILITIES: COURT DUTIES
Lesson Purpose: To present the student with a basic outline of courtroom
operations, the duties of the court bailiff, and to provide the
student with established procedures to assist with
courtroom security.
Training Objectives: At the end of this block of instruction, the student will be
able to achieve the following objectives in accordance with
the information received during the instructional period:
1. List and discuss the major responsibilities of the
Court Bailiff.
2. Discuss verbally the legal concerns regarding the
use of restraints in a courtroom during a jury trial.
3. List and discuss four basic rules that apply to all
cell searches.
4. In a practical exercise, demonstrate the proper
technique for conducting a cell search using all
safety precautions, identifying all items of contra-
band and documenting any items of contraband
found, according to departmental policy.
5. In a hypothetical situation, prevent inmates from
obtaining weapons and/or contraband in a court-
room.
6. In a practical exercise, conduct a thorough search
of a person entering a court facility utilizing the legal
information discussed during the class and all
safety precautions, recommended procedures and
equipment.
7. Given an outline of a courtroom, identify proper
seating arrangement for:
a. Prisoner
b. Officer
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8. Discuss the major issues involved when deter-
mining security precautions to take with the fol-
lowing:
a. Courtroom
b. Inmates
c. Juries
d. Witness
e. Victim's family
f. Defendant's family
g. Co-defendants
h. Hostile witness
i. Judge
Hours: Six (6)
Instructional Method: Conference/Practical Exercises/Demonstration
Materials Required: Contraband Items
Training Aids: Metal Detectors
VCR/Monitor
Latex Gloves
Videos:
1. Courtroom Security, Vol. 2 Issue 7, Lock-Up
USA (1993)
2. Safe Cells, Cell Search and Body Search,
LA Educational Media (1996)
References: Carter, Richard W. Court Security for Judges, Bailiffs, and
Other Court Personnel. 1992.
Cloutier, Georgia. “Contraband Searches” Lesson Plan.
Detention Officer Certification Course Notebook.
Salemburg, NC: North Carolina Justice Academy, 1995.
Cloutier, Georgia. “Transportation of Inmates” Lesson
Plan. Detention Officer Certification Course Notebook.
Salemburg, NC: North Carolina Justice Academy, 1995.
Johnson, Jack P. Policy and Procedure Manual: Court-
room Operations. Wentworth, NC: Rockingham County
Sheriff’s Office.
S h e r i f f ’s R e s p o n s ib i l i t i e s : C o u r t D u t ie s
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National Sheriffs’ Association. Court Security: A Manual of
Guidelines and Procedures. Washington, DC: Department
of Justice, 1978.
O’Connell, Catherine. Handbook for Bailiffs. South
Dakota: State Court Administrator’s Office, 1979.
Register, Susan M. “Civil Process for Basic Law Enforce-
ment” Lesson Plan. Basic Law Enforcement Training
Notebook. Salemburg, NC: North Carolina Justice
Academy, circa 1990.
Valentine, Marshall. “Court Security: Present and Past.”
National Sheriff’s Magazine, November/December 1992.
Williams, Robert C. Courtroom Security Notebook.
Salemburg, NC: North Carolina Justice Academy, 1993.
Prepared By: Georgia Cloutier
Instructor/Coordinator
North Carolina Justice Academy
Captain Jack P. Johnson
Rockingham County Sheriff's Office
Date Prepared: August 1997
Reviewed By: Kathy Moore
Agency Legal Specialist
North Carolina Justice Academy
Date Reviewed: December 1998
January 2000
November 2000
October 2001
Revised By: Jon Blum
Instructor/Coordinator
North Carolina Justice Academy
Date Revised: November 2001
S h e r i f f ’s R e s p o n s ib i l i t i e s : C o u r t D u t ie s
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TITLE: SHERIFF’S RESPONSIBILITIES: COURT DUTIES - INSTRUCTOR
NOTES
1. PRACTICAL EXERCISES
a. Each student is to conduct a holding cell search. Instructors need to hide
items of contraband and then have each student conduct a search. All
safety rules and regulations should be enforced including universal
precautions (Universal Safety Precautions from the Sheriff’s
Responsibilities: Detention Duties block of instruction).
b. Students must use metal detectors and conduct clothed body searches,
using all safety precautions to conduct searches of persons entering the
courtroom. Instructors will need to have developed “presiding judge’s”
orders for performing searches.
2. To promote and facilitate law enforcement professionalism, three (3) ethical
dilemmas are listed below for classroom discussion. At their discretion,
instructors must provide students with each ethical dilemma listed below.
Sometime during the lecture instructors should “set the stage” for the dilemma
prior to taking a break. Instructors are encouraged to develop additional
dilemmas as needed.
a. Against the orders of the presiding judge, the bailiff in a courtroom
determines a prisoner to be a flight risk and places him in restraints. You
observe this and know the restraints are not supposed to be on. What do
you do?
b. During a cell search, you observe your partner allow an inmate to keep an
item considered by your department to be contraband. What will you do?
c. Your partner asks you to allow a police officer into a restricted area with a
weapon. You know this officer and your partner very well and feel
pressure to allow this to happen. What will you do?
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TITLE: SHERIFF’S RESPONSIBILITIES: COURT DUTIES
I. Introduction
NOTE: Show slide, "She riff’s Re sponsibilities: Court Duties."
A. Opening Statement
Courtrooms are filled with victims, witnesses, and defendants, some of
whom have little respect for the judicial system or court officials. Argu-
ments, assaults and confrontations are common between defendants,
victims, and witnesses in various civil and criminal cases. The news
media often presents reports of disgruntled citizens who have taken out
their dissatisfaction for the judicial system through violence in the court-
room. Overcrowding, personnel shortages, and inadequate facilities are
compounding these problems and creating an even more hazardous
environment in today's courtrooms.
Traditionally, North Carolina sheriffs have been given the overall
responsibility for upholding the integrity of the courtroom. Basically this
means providing security and overseeing the day-to-day activities of our
state courts.
B. Training Objectives
NOTE: Show slide, "Training Obje ctiv es."
C. Reasons
Although there may be numerous law enforcement officers in a
courtroom, few may be cognizant of courtroom operations or security.
There have been many escapes from courtrooms where officers were too
busy "socializing" to even notice that an escape had occurred. Many law
enforcement officers view their "court day" differently than their regular
duties and tend to "let their guard down." In today's society, the potential
for violent confrontations is ever present and law enforcement officers
should always remain alert. When emergencies arise (even in the court-
room) law enforcement officers should always be ready to give their
assistance and utilize their training to help deal with the problems at hand.
Every law enforcement officer employed by a sheriff's office should be
especially familiar with basic courtroom operations and the procedures for
ensuring courtroom security. This lesson plan is designed to give these
court security officers a basic understanding of the duties of courtroom
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personnel and familiarize all law enforcement officers with the various
procedures for providing security in the courtroom.
NOTE: Have student(s) read the following fictional story and
discuss how this incident could actually occur in many courtrooms
in North Carolina.
On Friday night, Detention Officer Mark Mitchell had just started booking
inmate Donnie Jack son for first degree murder at the Ames County jail.
Inmate Jackson was sweating profusely and seemed extremely nervous.
Inmate Jackson finally told Officer Mitchell that he thought his life was in
danger and he was in desperate need of protection. He went on to tell
Officer Mitchell that he was arrested for killing the son of notorious drug
dealer Anthony "Skull" Simpson. Inmate Jackson said that the word on
the street was "Skull" had already put out a "hit" on him. Officer Mitchell
passed this information on to his supervisor and inmate Jackson was
placed in isolation for his personal safety.
Bailiff Charles Sutton was shaking his head and cussing to himself as he
stood in front of the crowded holding cell. His already red face was
gradually getting darker as he attempted to fill out affidavits for 20 inmates
scheduled for first appearances. The day shift Jail Team Sergeant
walked up to Sutton and told him that one of his first appearances was not
placed in the holding cell due to security reasons. Sutton look ed at him
and said with disgust, "So I've got 21 damn inmates to drag over to court
this morning." The Sergeant just smiled and continued to tell the bailiff
about the jail's concern for inmate Jackson's safety. After the Sergeant
finished the story about "Skull," Sutton asked him to call the Captain and
"get me some damn help with these first appearances." The Jail Team
Sergeant called and informed the Captain about the circumstances
surrounding inmate Jackson and the bailiff's request. The Captain let out
a long slow breath and finally said, "Well, I'm short handed as hell today,
but I'll try to get somebody up there."
Bailiff Sutton entered the crowded district courtroom with 21 shackled
inmates and an unarmed records officer the Captain had sent as
additional security. Sutton shook his head as he noticed at least 50
people standing along the walls of the small courtroom. He couldn't
believe the courthouse was the only building in the county where the Fire
Marshal's "Maximum Rated Capacity" didn't mean anything. Sutton
escorted the inmates into the jury box (which during district court
substituted as a prisoner/law enforcement holding area). He smiled at a
very attractive female police officer as he motioned for the inmates to sit
down just in front of her. He started joking quietly with an attorney sitting
beside the female officer when he noticed a red dot flickering on the side
of inmate Jackson's head. Bailiff Sutton had never seen a laser sight or a
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MP-5 assault rifle, but was about to get a demonstration that he would
never forget. Sutton didn't turn around to see where the first muffled shot
had come from, he just gasped as he saw the inmate's head explode all
over the neatly pressed white shirt of the attorney sitting behind him. He
noticed how the pretty female officer seemed to be moving in slow motion
as she held her hands in front of her face to prevent the wave of blood
from splashing in her startled blue eyes.
By the time bailiff Sutton finally turned to locate the direction of the faint
shots, he only saw men and women frantically covering their heads and
scrambling to slide under the benches in the courtroom. The records
officer assigned to assist him had evidently fainted and was lying in the
middle of the courtroom in a fetal position. Bailiff Sutton looked over at the
judge’s bench and not seeing her, hoped that she had retreated to the
safety of her bulletproof bench. Sutton didn't really know what to do next,
but decided that he should at least pull out his service revolver. When he
turned back toward the jury box, he noticed that the attorney sitting behind
Jackson had slumped in his seat and his neatly pressed white shirt was
now a dark crimson color. The female officer pulled her weapon and
attempted to stand, but quickly sat back down after feeling a excruciating
pain in her left leg.
Bailiff Sutton was pleased to see that the two highway patrol officers sitting
at the other end of the jury box, ran to the back of the courtroom with
weapons raised. He still hadn't seen the gunman or where the shots had
originated, but was very grateful to see the officers heading in that
direction. Since bailiffs didn't carry radios, he decided to move over to the
clerk's desk and call for assistance on the courtroom telephone. He had
to step over the assistant district attorney who after glancing at the
remains of inmate Jackson's head, was on his hands and knees throwing
up on the courtroom floor.
When the first patrol deputies arrived, they could hardly believe their
eyes. The courtroom looked like a combat zone with people lying
everywhere. There were so many people still lying on the floor, they
couldn't tell exactly how many were injured. Bailiff Sutton was still on the
courtroom phone trying to get medical attention for the wounded officers
and inmates. One deputy tried to ask the records officer about the
suspect, but soon realized that he was almost in a state of shock .
Volunteer firemen started arriving on the scene and tending to the
wounded. The two highway patrol officers (who had pursued the suspect)
were just returning to the courtroom. They told deputies that the only
stairway leading from the courtroom was so crowded they had trouble
getting downstairs to locate the gunman. They also told deputies that
since there were nine exit doors from the courthouse, they couldn't
determine which way the gunman left the courthouse. A description of the
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suspect was finally received from an elderly female witness who had been
standing at the back of the courtroom. She told officers "he was a nicely
dressed young man that I thought was an attorney until he pulled out that
funny look ing rifle. I couldn't believe it when he pointed that thing and just
started shooting at the front of the courtroom." She continued and said
"after he finished shooting, he just casually put the rifle under his coat and
slowly walked out of the courtroom. Like nothing had ever happened."
When the sheriff arrived on the scene, he was informed that one inmate
and a defense attorney had been pronounced dead at the scene. Two
inmates and one police officer were seriously wounded and taken to a
local hospital. He was also advised that several civilians received minor
injuries and one elderly man was transported to the hospital due to a
possible heart attack. The sheriff was very upset to hear that there was
little information on the suspect or his whereabouts. Although the tracking
dog had been summoned to the scene, it was apparent that the gunman
was well prepared and more than likely had a "get-away" vehicle waiting for
him in the parking lot. The sheriff walked over to bailiff Sutton and listened
as he was describing the chain of events to one of the investigating
detectives. The sheriff's mouth dropped open when he heard that the
deceased inmate had told deputies earlier there was a "hit out on him" and
he wanted our protection. The sheriff's stomach seemed to be trying to tie
a perfect square knot as he quietly listened to the circumstances leading
up to the shooting.
The sheriff began to imagine tomorrow's headlines and how they could
very possibly end a short, but promising law enforcement career. "Inmate
Warned Officers of Assassination." "One Bailiff Guards Twenty-One
Inmates." "Two Killed as Unarmed Officer Looks On." "Judge Blasts
Sheriff for Failing to Provide Security." "Lawsuits Expected in Courthouse
Shooting."
II. Body
A. The Court Bailiff - Duties and Responsibilities
NOTE: Show slide, “The Court Bailiff.”
For years, sheriffs looked at the court bailiff position as administrative and
a relatively safe place in the department to work. With the rapid increase
in court cases over the last few years, a corresponding increase in the
incidents of violence in courtrooms has occurred. With the ever
increasing caseloads, the bailiff's position has seen a tremendous
transformation over the last few years. The court bailiff position in a
sheriff's office is now one of the most demanding jobs in the department
and on occasion, can be one of the most dangerous. Since bailiffs’
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responsibilities have increased so dramatically, their positions require the
abilities of a specially trained officer.
1. Outline of duties
The duties of a bailiff vary from courthouse to courthouse, and
often from courtroom to courtroom. The bailiff holds a somewhat
unique position in that the bailiff is a hybrid of peace officer, prison
guard, court clerk, and public relations person.
a. Some of the most commonly found duties of a court bailiff
are:
(1) Attend all sessions of the court and remain until
dismissed by the judge
(2) Conduct a physical inspection of the courtroom
prior to and at the end of each court session
(3) Secure the courtroom when the court is not in
session
(4) Be familiar with the daily schedule of the court and
the judge in the event special security is warranted
(5) Conduct daily inspections of all security equipment
such as duress alarms, fire alarms, telephone and
intercoms, fire extinguishers, first aid kit, etc.
(6) Conduct daily inspections of any temporary
prisoner holding area for contraband and room
security
(7) At the direction of the judge, or in accordance with
departmental policy, inspect and search persons
and personal effects entering the courtroom for
weapons
(8) Assist in seating court participants and spectators
(9) Perform opening and closing ceremonies of the
court
(10) Maintain order and decorum in the courtroom while
court is in session
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(11) Ensure the personal safety of the judge
(12) Maintain custody of prisoners in the courtroom or
assist officers having such custody
(13) Assist in transporting prisoners between jail and
courtroom, when necessary or directed by
presiding judge
(14) Provide security in corridors, chambers, or other
courthouse spaces
(15) Periodically check the courthouse parking lots and
judge’s parking space to keep unauthorized
persons and vehicles from the area
b. Administrative duties
(1) Administer oaths to witnesses if not performed by
the judge or court clerk
(2) Assist parties, attorneys, and witnesses by
explaining court procedures and answering
questions
(3) Taking and/or delivering messages to and from the
judge or other court officers
(4) Logging-in attorneys and parties for hearings and
appointments
(5) Call names of parties and witnesses
(6) Transferring important documents and money
c. And finally, there is a category of duties of a bailiff which
are not directly related to law enforcement or clerical work:
(1) Work with the clerk of court’s office in coordinating
the physical maintenance of the courtroom
including seating arrangement, working condition of
microphones, lighting, air conditioning, janitorial
services, etc.
(2) Obtaining supplies required by the judge
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(3) Perform other tasks assigned by the judge
2. Court officer positions
NOTE: Show slide, “Court Office r Positions.”
Most courts have a "bailiff" who serves as authority to assist the
court in maintaining order in the courtroom. One definition of a
bailiff is a court officer who seats witnesses and spectators,
announces the entrance of the judge, and keeps order in the court.
Another, more current definition of a bailiff is a court officer who
guards the participants of a trial, maintains order in the courtroom,
announces the opening and closing of court, calls witnesses and
other persons to appear in court, attends to other matters under
the court’s direction, and may maintain secure custody of
defendants while in court. His or her duties may include both
security and clerical functions.
In addition to a bailiff, or in lieu of one, there is also the position of
"courthouse security officer." A courthouse security officer can be
described as: A person who is responsible for the security of the
courthouse. In some jurisdictions his or her responsibility may be
limited to the courtrooms and related spaces, such as judge’s
chambers, jury deliberation rooms, and spaces occupied by
officers of the court, such as the defense and district attorneys.
3. Procedures for bailiffs prior to opening of court1
a. Bailiffs should report to duty at the clerk of court’s office.
The bailiff may be requested to sign a sign-in sheet.
b. Bailiffs should be generally available to direct prospective
jurors to clerk’s office or courtroom.
c. Bailiffs should check the jury room for needed supplies and
make sure it is clean.
d. Bailiffs should check the arrangement of the courtroom and
provide fresh water and clean glasses for the judge and
counsel. It may be advisable to have a few extra clean
glasses on hand in case a juror should need a drink of
water.
The bailiff should let the judge know when everyone is ready to
proceed, or let the persons in the courtroom know that the judge
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wishes to proceed. If a criminal defendant is in custody it may be
the bailiff’s duty to call the jail (sheriff) before convening. The
defendant should be brought in and seated with counsel before the
jury is summoned. The defendants should not be paraded through
or among the prospective jurors in the hall while handcuffed or
manacled. The bailiff should check with the judge as to whether
handcuffs or manacles should be removed after the defendant
reaches the courtroom. In most instances the judge will have
them removed, but if in the judge’s opinion there is a security risk,
he may order otherwise. The bailiff escorts the jurors to and from
the jury box seeing that witnesses and spectators do not mingle
with jurors. If the bailiff observes such interactions, his/her
observations should be brought to the attention of the judge. It
may be helpful if jurors are provided with badges.
You are never to become a spectator in the courtroom. You are
an officer of the court and on duty at all times in the court from the
time it is called into session until it adjourns.
During the course of the trial, it is advisable to sit where you can
observe the actions of those in the courtroom and be where the
judge can catch your eye if he needs you. Also, sit where you can
observe the jury. Be aware of things such as someone clearing
his throat or coughing. The bailiff is charged with the duty of
preventing all unnecessary noise, disturbances, or conversations
in the courtroom, adjoining corridors, or rooms.
Remember, you are part of the court process, and as such you
must be impartial at all times. If something shocks you, or evokes
laughter, keep it to yourself. Your facial expressions or actions
could easily influence the jury--something which you must never
do.
During the trial, the bailiff may be approached by attorneys or other
persons not involved in the trial at hand to relay messages to the
judge. These messages should be relayed to the judge as soon
as practicable by writing such messages on a slip of paper and
handling it inconspicuously to the judge while he is on the bench."
4. Cries
NOTE: Show slide, "Bailiff Cries."
It is for the judge to decide when and how court is to be cried to
order, recessed, or adjourned. Often this duty falls on the clerk. If
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your judge wants you to open court, the following formula is
suggested.
“Oh Yez! Oh Yez! Oh Yez!" Anyone attending court has heard the
bailiff open court, call out defendants, or recess court for the day.
Although these cries are ceremonial in nature, they are an intricate
part of the judicial system. There are many different "cries" the
bailiff must memorize and be able to speak in a loud clear voice.
Although the court bailiff handles most of these duties, it is not
uncommon for the judge to ask any deputy sheriff in the courtroom
to "call out a defendant" or "recess court." Any law enforcement
officer that works in a sheriff's office should have a copy of
the ir department’s Bailiff Cries. It may prevent an
embarrassing situation from occurring for the officer and their
department. Some sample cries are:
Example 1 ALL RISE.
O Yez! O Yez! O Yez! This honorable court is now open and
sitting for the dispatch of its business. The honorable (name of
judge) presiding. God save the state and this honorable court.
PLEASE BE SEATED.
Example 2 ALL RISE
O Yez! O Yez! O Yez! This honorable court now stands
adjourned until (date or time). God save the state and this
honorable court.
Example 3
O Yes! O Yes! O Yes! This honorable court has now resumed its
sitting for the dispatch of business. God save the state and this
honorable court.
PLEASE BE SEATED.
Example 4
O Yes! O Yes! O Yes! (defendant's name three times) Come into
court this day as you are bound to do or your forfeiture will be
recorded and an Order for Arrest issued.
Example 5
O Yes! O Yes! O Yes! (witness's name three times) Come into
court this day as you have been subpoenaed to do or you will be
fined.
Example 6
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O Yez! O Yez! O Yez! Ye good men and women who have been
returned to serve as jurors at this honorable court answer to your
names, each or you, and save your fines.
Example 7 CIVIL COURT - CALL PLAINTIFF
(NAME), (NAME), (NAME) Come into court and prosecute your
action or your action may be dismissed.
Example 8 CIVIL COURTS - CALL DEFENDANT
(NAME), (NAME), (NAME) Come into court and defend yourself or
judgment may be entered against you.
Example 9 FINAL CLOSING AT END OF OFFICIAL TERM OF
COURT
ALL RISE. O YEZ, O YEZ, O YEZ. This honorable court now
adjourns sine die. God save the state and this honorable court.
(Court call formerly used - sometimes requested by out-of-town
judges. Also used when judge retires - closing of court - last day
on bench.)
5. Maintenance of order and security
The bailiff is responsible for the security of the court and
courtroom to which he is assigned. This includes, but is not
limited to the following:
A thorough inspection each morning of the courtroom, anterooms,
closets, jury room, interview rooms, judges bench area, and
chambers. He/she is to be alert for any unusual boxes, packages,
or suspect devices. This type of inspection should be conducted
before the beginning of each court session and may be conducted
otherwise as circumstances dictate.
Allow no one, except lawyers and persons specifically called as
witnesses to approach the bench unless by permission of the
court. If a spectator is observed moving toward the bench, stop
him immediately. Determine his/her business with the court and
proceed accordingly. The bailiff is responsible for the safety of the
judge and court staff.
During court sessions the bailiff is the responsible officer of the
court for the maintenance of order. He/she is charged with the
duty of preventing all unnecessary noise, disturbances, or
conversations in the courtroom, adjoining corridors, or rooms.
He/she will inform all persons in the court that there shall be no
smoking while court is in session and enforce this rule. Upon
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instruction of the court he/she shall also evict all persons who are
creating a disturbance or refusing to follow the rules and orders of
the court. One of the most effe ctive tools the court can
utilize in maintaining order in the court is the contempt
powe r of pre siding judge . (G.S. 5A-11 e t.se q.)
In those cases where a defendant in a criminal trial is unescorted
by an officer, the bailiff will assume responsibility for safeguarding
against his/her attempting escape from the courtroom. In those
cases where the defendant is free on bail, the bailiff need not be
concerned as to his/her freedom of movement but should be alert
for signs of disruptive behavior. It would be well to check with the
sheriff prior to trial and learn what is known of the defendant; does
he/she have a record for violent crimes, assault, etc.
Unless otherwise directed by the judge, no cameras, recording
devices, radio transmitters, or receivers should be allowed in the
courtroom.
A bailiff’s security responsibilities do not end in the courtroom; they
are also responsible for security outside the courtroom. The bailiff
may be requested to escort judges, attorneys, and witnesses to
and from the courtroom. Bailiffs are even required to transport
some judges to and from meals and even to their accom-
modations for the night. They may be requested to search the
courtroom before and after each court session. Bailiffs may be
required to operate metal detectors during some trials, or in
others, be requested to personally search each individual before
they enter the courtroom. The scope of any such search will be
determined by the presiding judge or by departmental policy.
Bailiffs (and personnel assisting) may even be required to provide
24-hour-a-day protection to jurors and witnesses in major tr ials.
Bailiffs also have the duties of controlling the movement of the
news media during high profile cases. The presiding judge makes
the determination of the extent of access the news media has
during a specific trial, but the court bailiff has the responsibility of
ensuring the media complies with those orders.
6. Prisoners
NOTE: Show slide, “Prisone rs.”
The bailiff is also responsible for utilizing proper prisoner restraints
and ensuring the secure transportation of prisoners to and from
the courtroom. Every person who is physically restrained thinks of
escape at one time or another. When prisoners are outside the
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secure perimeter of the jail, they believe their opportunity for a
successful escape is greater. During jury trials all restraints must
typically be removed from the defendant. However, according to
G.S. 15A-1031, Custody and Restraint of Defendant and
Witnesses:
A trial judge may order a defendant or witness subjected to
physical restraint in the courtroom when the judge finds the
restraint to be reasonably necessary to maintain order, prevent the
defendant’s escape, or provide for the safety of persons. If the
judge orders a defendant or witness restrained, he must:
a. Enter in the record out of the presence of the jury and in the
presence of the person to be restrained and is counsel, if
any, the reasons for his action; and
b. Give the restrained person an opportunity to object; and
c. Unless the defendant or his attorney objects, instruct the
jurors that the restraint is not to be considered in weighing
evidence or determining the issue of guilt.
If the restrained person controverts the stated reasons for
restraint, the judge must conduct a hearing and make findings of
fact.
Some judges require restraints to be removed from defendants in
non-jury trials. Since having an unrestrained inmate in custody
heightens the ability to escape, bailiffs must keep inmates under
constant observation. Bailiffs must properly position themselves in
the courtroom and remain alert to possible escape attempts which
may be assisted by the public. The court bailiff also has the
responsibility for the safety of the prisoners in their custody and
must protect them from possible attacks from individuals in the
courtroom.
7. Jury selection2
"When the first juror’s name is called by the clerk of the court,
direct him to the jury box. When twelve jurors have been selected,
voir dire, or questioning of the panel begins. The bailiff has no
active part in this process, but should remain in the courtroom,
observing the actions of spectators and jurors to ensure that
everything is going smoothly and that there are no distractions.
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When the jury has been selected and has their first recess, inform
them on the protocol of the courtroom. Be sure to give them
instructions as to entering the courtroom in the right seating order,
and stand by them the first time and make sure they are lined up
properly. It may be helpful to provide a jury seating chart for the
jury room."
8. Exclusion of witnesses3
"On occasion, during a trial, attorneys may request that all
witnesses be excluded from the courtroom, except for the witness
testifying. The bailiff will, upon order of the court, dismiss and
exclude the witnesses from the courtroom and instruct them to
stay nearby in the adjoining corridor so that they may be
summoned as needed. It is counsel’s duty to prevent their
witnesses from actually entering the courtroom. However, you
may wish to adhere to the following procedure: Stay near the door
as the trial proceeds and as people enter, ask if they are
witnesses. If they are witnesses, instruct them that all witnesses
have been excluded from the courtroom and quietly usher them
out. After excluded witnesses are called and conclude their
testimony, they are excused and again excluded from the
courtroom unless they have been permanently excused as
witnesses, in which event they may seat themselves in the
courtroom and listen to the trial, if they so desire. When a witness
is called from the corridor, ask the witness to follow you to the front
of the courtroom, raise his right hand and be sworn. Then direct
him/her to the witness chair.
a. Recesses
In order that the jurors can fulfill their duty it is important
that they are protected from overhearing comments about
the case from the parties or other persons. Therefore,
during the course of the trial, when the court takes its
recesses or if the jury is excused while the court is in
session, the bailiff will direct the jurors to the jury room or
make such other provision for them that the court deems
appropriate. They should be instructed that they remain
together where directed except upon permission of the
court and that any requests they might have should be
directed to the bailiff.
b. View of the premises by jury
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On occasion, when the court deems it advisable, the jury
may be ordered to view certain premises--the subject
matter of litigation or the place where a material fact of the
litigation occurred. In the event that the jury is ordered to
view the premises, the jury will be in the custody of the
bailiff. He/she will not permit anyone except the judge or
such persons as the judge allows to speak to them. Nor
shall he/she permit the jurors individually to take any
measurements or conduct experiments at the site during
this period.
c. Instructions
When the presentation of evidence by opposing counsel
has been concluded and counsel have rested their
respective cases, the judge will give his/her instructions to
the jury. After the judge gives his instructions, final
arguments of the counsel are presented. Prior to the close
of the case the bailiff will go into the jury room and see that
it is ready for the jurors to deliberate. In this regard, see
that the jurors have sufficient paper, pencils, coffee, etc.,
and that all items, such as newspaper, magazines,
periodicals, cards, games--everything not having to do with
the case--are removed. This may be done while the judge
is reading his instructions to the jury, thus permitting the
jury to retire to deliberate immediately on the case being
given to them.
9. Jury deliberations
NOTE: Show slide, “Jury Delibe rations.”
When the case has been turned over to the jury, the bailiff ushers
the jurors to the jury room, taking with him/her the verdict forms.
Diagrams, blackboards, and projectors are often used for
illustrative purposes in the courtroom but generally are not offered
into evidence or received in evidence. Any item not received in
evidence should not go to the jury room unless specifically
indicated by the judge. (Sometimes projectors are permitted in the
jury room with permission of the judge, though not received in
evidence, in order that the jury may view slides or movies which
have been offered and received into evidence.) The jurors may
previously have been instructed that any requests for telephone
calls, messages or questions must be in writing. These may be
collected when the exhibits and instructions are being given to the
jury.
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Upon leaving the jury room, the bailiff should lock the door, which
should remain locked while the jury is deliberating except for taking
and/or relaying messages or working tools. The bailiff should not
enter the jury room during deliberations, but makes himself/herself
available to the jury by remaining within summoning distance of the
jury room. If during deliberation any questions or messages are
requested, they must be in writing and given to the bailiff. If the
jurors have a question, message, or request, they will summon the
bailiff. Any request by jurors will then be governed by the judge’s
instructions. The bailiff should not deliver any communication or
working tool to a juror without permission of the judge. It is
important that families know if a juror is to be delayed and the bailiff
may make requested calls of this nature.
a. Lunch or dinner during deliberations
If lunch or dinner time arrives, unless directed otherwise by
the judge during the trial, the bailiff will knock on the door
and ask if they wish to eat. They may have food brought in
(usually for lunch) or they may elect to eat out (for dinner).
The bailiff may be requested to call and make reservations.
He/she will ask the members of the jury to form a car pool
with no more cars than necessary. They should be
instructed to stay together in an orderly fashion to and from
the restaurant and cautioned not to speak or communicate
with persons other than the jurors or bailiff. They should
also be instructed not to discuss the case outside of the
jury room even among themselves. Before leaving, the jury
should be asked to use the restroom facilities in the jury
room as they should not use the facilities at the restaurant
for fear of violating the rules of sequester. If they wish to
purchase candy, tobacco, or other such items they may do
so in the company of the bailiff. The jury room will be
locked as soon as empty. The check for the cost of the
meals shall be signed by the bailiff and a copy kept by the
bailiff and submitted by him/her to the clerk for payment,
unless the county provides other means of payment.
b. Custody of jurors overnight
When the judge indicates that he will sequester the jury
overnight, the bailiff may be requested to make
reservations for housing the jury overnight at a local motel
or hotel designated by the judge. At the same time the
bailiff should make reservations for the jurors’ breakfast.
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Duties of the bailiff will vary depending on departmental
policies and instructions from the judge. The judge may
inform the jurors or have the bailiff inform them of the
overnight sequestration, and upon authorization of the
court, the bailiff will request the jurors to make notes of
phone numbers and personal messages to be relayed to
their families. These calls will be made by the bailiff and
should be conveyed accurately from notes made by the
jurors as soon as practicable. It would be advisable to
keep these notes until completion of the trial and
instructions from the court as to their disposition.
The bailiff will escort the jurors to the jurors’ housing facility
and the same safeguards taken in regard to
communications to and by the jurors. Upon reaching the
housing facility, the jury will be taken directly to the
designated area and rooms will be assigned. Female
jurors will be separated from male jurors. Two bailiffs may
be needed, one male and one female. The bailiffs should
keep notebooks and enter in them the names of all jurors
and the rooms to which they are assigned. The woman
bailiff will assist the women.
The bailiffs are responsible for keeping outsiders from
areas where the jurors reside. The telephone operator will
be informed that no incoming or outgoing calls are to be
permitted for these assigned rooms. Telephone calls for
any juror will be connected to a bailiff’s room. The bailiffs
should also have the operator call early enough in the
morning for them to waken the jurors.
The management should be instructed that the jurors are
not to be contacted in any way by any personnel except to
release them in case of fire or other disaster.
At the discretion of the judge, and if facilities are available,
jurors may be allowed to assemble in one of the rooms
before retiring for the night, where they may talk, play
cards, listen to the radio, or watch television. If the jurors
are allowed to listen to the radio or television, the bailiff
should monitor the programs so that jurors will not listen to
or watch any programs which may report the case at hand
or cases of a similar nature.
In the morning, a bailiff will assemble the jurors for
breakfast and take them to breakfast, taking the usual
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precautions. As soon as practicable, the jury will be
returned to the courthouse and their jury room for further
deliberation.
c. Verdict
When the jury reaches a verdict, the bailiff will so inform
the judge. The judge may instruct the bailiff to inform the
attorneys and other necessary court personnel. When all
of the interested parties have assembled, the bailiff should
inform the judge. After the judge takes the bench, he/she
shall instruct the bailiff to bring in the jury. The bailiff will
then proceed to line up the jury again and bring them into
the courtroom. After the jury is seated in the jury box, the
judge will ask the foreman if they have reached a verdict.
Upon an affirmative answer, the bailiff will secure the
verdict form from the foreman and hand it to the judge.
After the verdict is announced and the jury is no longer
needed, the bailiff should go to the jury room, gather the
exhibits and instructions and return them to the clerk as
soon as possible. Destroy any notes jurors have made for
themselves. After the court adjourns return previously
removed possessions to respective jurors. Assist any
juror who may need help arranging transportation."
10. Proper seating arrangements
To be effective at assisting with courtroom security, each officer
must know the proper seating arrangements for prisoners and
officers. Since restraints are commonly removed in the
courtroom, inmates must remain under constant observation.
Departmental policy usually dictates proper seating arrangements
for inmates as well as officers. Usually the seating arrangements
for officers and inmates are designed to best suit the configuration
of the courtroom. Most courtrooms have designated areas for
inmates which can vary from the jury box in some courtrooms to
the front row of public seating in others.
NOTE: Proper use of restraints is covered in "In-Custody
Transportation."
During criminal trials and the sentencing phase, most defendants
are required to sit at the defense table. When bailiffs are the only
security in the courtroom, the bailiffs normally position themselves
near this area. They usually stand to the side of the defense table
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and between the inmate and the judge. This is an ideal position to
watch the inmate and still provide security to the judge and
courtroom personnel. Standing in this area also provides the bailiff
with a good overall view of the courtroom.
During high risk trials, an unarmed officer may be assigned to sit
directly behind the inmate. This officer is usually the only one to
come into direct contact with the inmate and control his
movements. During an emergency or escape attempt, this officer
can confront the inmate "without the concern of involving a
firearm." This officer is also in a good position to prevent
contraband from being passed to the inmate and to prevent any
contact from the public.
Due to the various security considerations, officers may be
assigned to stand in specific locations to provide security,
depending on the circumstances. They may be assigned a
specific door to guard, a hallway, or corridor. Officers may even
be designated to guard and monitor a particular individual or a
group (hostile witness, victim's family, jurors, etc.). Regardless of
the location or assignment of the officer, they must always remain
alert and aware of their surroundings. Past history has proven that
courtrooms can be a very unpredictable place to work. Hours of
boredom can be replaced with sheer terror in a matter of seconds.
Officers must be prepared to handle the many types of situations
that can occur in the courtroom.
11. Liaison officer
NOTE: Show slide, “Liaison Office r.”
The court bailiff is the critical communication link between the
courtroom and the jail. Bailiffs have to be very knowledgeable in
the functions of the court and familiar with the various types of
paperwork (commitments, writs, bond surrenders, etc.) which flow
to and from the jail. Bailiffs often have the responsibility of
ensuring vital information from the jail (notice of appeals, etc.)
reaches the courts. They may also have the responsibility of pro-
viding the jail with all dispositions that occur in the courtroom
regarding inmates. Situations have occurred where inmates were
released in court, but that information never reached the jail. This
resulted in the inmate being incarcerated longer than he/she
should have.
Since bailiffs may have to spend a considerable amount of their
time around the county jail; they should be as familiar as possible
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with jail policy and procedures. Bailiffs need to obey jail rules and
maintain proper custody of inmates while in the jail facility. Since
detention officers can provide the bailiff with vital information
concerning the mental and physical conditions of their prisoners;
they should maintain a good avenue of communication with
detention officers.
NOTE: Show v ide o, Courtroom Security (25 minutes).
12. Qualifications
It is left to the sheriff’s discretion whether sworn or non-sworn
personnel are used as bailiffs.
B. Searches
NOTE: Show slide, “Searches.”
1. Searches are a major component of courtroom security. The
timing and scope of any search should be set forth by
departmental policy and presiding judge’s orders.
2. Searches
When discussing any comprehensive security measures, law
enforcement officers must always address the issue of searches.
One of the most effective tools officers can utilize in the prevention
of contraband (unauthorized items) and weapons from entering
the courtroom is comprehensive searches. Anytime a sheriff
requests additional security for a trial, searches will be
incorporated into their security plans.
a. Contraband
Contraband is defined as any unauthorized item in a
prisoner's possession that threatens the security and
safety of a facility, staff, and prisone rs. Contraband can
be manufactured, obtained, or carried into a facility. It is
important to remember that contraband can vary from one
facility to another (cigarettes would be considered
contraband in a "No-Smoking" facility, etc.).
NOTE: Show video Safe Cells and Body Search
(30 minutes).
b. Cell searches
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To deter escape attempts, provide officer safety, and
prevent weapons and contraband from entering the
courtroom, a thorough search should be made of the
holding cell prior to receiving prisoners.
c. Four basic rules that apply to the searching of cells:
NOTE: Show slide, “Four Rule s for Ce ll Searches.”
(1) Look be fore you touch. Razor blades, broken
glass, and sharpened wire may be placed to cause
injuries.
(2) Be thorough. Develop a tool kit for cell searches.
It should contain:
(a) A putty knife
(b) Metal wire probe
(c) Mirror
(d) Hammer
(e) Pliers
(f) Screwdriver
(g) Flashlight
(h) Small clear bag for contraband
(i) Labels/pen
(j) Gloves
(k) Other safety equipment as directed by
departmental policy (glasses, gowns, etc.)
(3) Be systematic. Develop a system for conducting
searches. Ideally, the system should follow the
facility policy and procedures but should dictate
conducting the cell search the same way every
time.
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(a) Open and close the door while inside - see
what the inmate sees.
(b) Check the lock - probe.
(c) Check the bars - hammer.
(d) Check the sink/toilet.
(e) Check table/chairs.
(f) Check windows.
(4) Be curious. Check everything.
d. Procedures for conducting a holding cell search
NOTE: Show slide, “Holding Cell Searches.”
Prior to beginning any search, officers should take nec-
essary safety precautions to avoid any health risk. Each
department should establish or outline safety precautions
and what equipment officers will use to conduct holding cell
searches. (Remember, this was discussed in the In-
Custody Transportation block of instruction.) All
searches must be conducted in accordance with
departmental policies and according to state laws and
statutes.
(1) Officers should conduct a clothed body search of
an inmate and then remove him from the holding
cell prior to a holding cell search.
(2) Maintain a record of all holding cell searches and
record any items of contraband or items
confiscated.
(3) Establish a search procedure or pattern (how many
officers searching, who is responsible for what
area, etc.).
(4) Examine all benches, chairs, restraint seating, or
any furnishings in the holding cell.
(5) Probe any holes or cracks in wall, floors, and ceil-
ing.
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(6) Check light fixtures, mirrors, and air vents.
(7) Check bottom of wash basin and toilets inside and
out.
(8) Probe sinks, drains, faucets, and drinking fountains.
(9) Examine window frames, doors frames, and over-
head ventilators.
(10) Examine openings in cell door tracks--check all
crossbars and locks to see if they have been
tampered with.
(11) Examine any inmate property found in the holding
cell (clothing, books, magazines, or any personal
property). Note: Care must be exercised if the
officer encounters privileged mail during this
examination. Privileged mail is entitled to
substantially more protection than general mail and
should not be read. Privileged mail, while afforded
greater protection, may however be examined for
contraband. Privileged mail includes mail to or from
attorneys, court officials, and other government
officials.
(12) If contraband is found, call another officer to act as
a witness. Place contraband in plastic bag (or
suitable container) and label. Identify location and
time found.
(13) Record found contraband, escape attempts, or any
unusual findings to your immediate supervisor.
Document your findings through appropriate
departmental procedures (incident report, log entry,
etc.).
(14) Disposition of any found contraband or
unauthorized property should be in accordance with
departmental policy and procedures. When in
doubt about the disposition of contraband (disposal
or retained as evidence), always contact your
supervisor.
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NOTE: Hav e stude nts perform an actual holding cell
search.
e. Procedures for conducting courtroom searches
NOTE: Show slide, “Courtroom Searches.”
Courtroom searches should be performed to enhance
courtroom security. All searches should be performed in
accordance with state law and departmental policy.
Courtroom searches should be initiated by personnel
overseeing courtroom security or at the request of the
presiding judge. These searches are normally conducted
before the opening of court, after the lunch break (if the
courtroom is not locked), or after court has been recessed
for the day. Emergency situations such as bomb threats
may require the presiding judge to recess court so a
thorough search of the courtroom can be performed.
The four basic rules that apply to the searching of cells
should also be utilized in courtroom searches. (Look
before you touch, be thorough, be systematic, and be
curious.)
(1) All non-essential personnel should be removed
from the courtroom before conducting search.
(2) Since courtrooms are large open areas, always
establish a search pattern or procedure (who is
responsible for what area, etc.). Thorough, syste-
matic courtroom searches can be conducted by
just one officer, but having additional personnel will
greatly decrease the time required to complete the
search.
NOTE: As with any search, safe ty and se curity
precaution nee d to be implemented including
universal precautions.
(3) As in cell searches, any contraband found should
be documented and disposed of in accordance with
state law and departmental policy.
(4) Officers should spend a great deal of time checking
areas where inmates will be seated. Tables and
drawers should be closely checked and any items
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that could possibly be used as a weapon (pens,
pencils, scissors, etc.) should be removed.
(5) Examine all benches, tables, chairs, or any furnish-
ings in the courtroom.
(6) Check light fixtures, air vents, ashtrays, trash cans,
floors, and ceilings.
(7) Search jury room, judges chambers (if authorized),
or any other rooms adjourning the courtroom.
(8) Examine hallways, storage rooms, bathrooms, and
any other areas that may pose a threat to the
courtroom.
(9) After the search is complete, take the time to view
the overall courtroom. Sometimes you can notice
things that may pose a potential security threat.
Visualize a trial in progress and the courtroom full of
people. Ask yourself questions: Is there any
potential security threats such as the flags in the
courtroom (usually with sharp points)? Are they too
close to the witness chair? Would you have a clear
path to the defendant if he decided to run (chairs or
tables blocking your path)? Are there doors in the
courtroom that could be locked for better security
(but still be in compliance with fire code)?
f. Procedures for conducting searches of persons entering a
court facility
Searching persons entering the court facility is another
means of providing additional security for the courtroom.
We have already discussed the potential for dangerous
situations and the deadly results of weapons entering the
courtroom.
Searching the general public is always a sensitive issue
and should only be performed in accordance with clearly
established departmental policy and the presiding judge’s
orders (G.S. 15A-1034).
(1) Magnetometers (metal detectors) are routinely used
in searching the general public. This is one of the
least intrusive means of searching visitors and
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courthouse personnel. Most modern courthouses
have one entrance for the general public with a
built-in magnetometer. Larger courthouses even
have X-ray machines at the public entrance to
screen packages and briefcases. It is important
to note that the re should always be appropriate
signs posted notifying the public they will be
subject to search. An officer is always placed at
this station and is responsible for ensuring no
individual enters without passing through the metal
detector. Officers usually instruct individuals to
place any metal objects (car keys, chains, ink pens,
etc.) into a tray before passing through the metal
detector. Officers usually start from the top of an
individual and work down with the handheld
magnetometer. They must ensure they check both
sides of the person and thoroughly go over the
torso, arms, and legs of the individual. Usually a
"beep" will sound when the unit is passed over an
area containing a metal object. If the alarm sounds
on an individual, the officer will ask them to remove
any other metal objects they may have on them and
require them to pass through the machine again.
This process is repeated until the individual is clear
of any metal objects.
(2) Clothed body or "pat down" searches may also be
used in courtroom security. These searches may
be required for prisoners, witnesses, or the general
public where reasonable suspicion exists that
weapons or contraband are entering the courtroom.
Example: A positive reading on the metal detector.
Clothed body (pat down) searches should also be
conducted in accordance with departmental policy
and the presiding judge’s orders. Procedures for
conducting a pat down search are the same as
learned in the "In-Custody Transportation" block of
instruction.
(3) Strip searches may also be required in some
situations to ensure courtroom security. These
searches are v ery intrusive in nature and
should only be conducted whe n probable
cause exists that weapons or contraband are
entering the courtroom. These searches should
also be conducted in accordance with departmental
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policy and the presiding judge’s orders.
Procedures for conducting strip searches are also
covered in "In-Custody Transportation."
NOTE: Using metal dete ctors, clothed body
searche s and safe ty pre cautions, conduct
practical exercise of searching persons
entering courtroom. Giv e the stude nts sample
guidelines (presiding judge's orders) for
performing searche s.
C. High Risk Trials
During high risk trials some agencies may use the team concept in
providing security. Personnel are divided into teams which are assigned
to various functions. Individuals in teams can concentrate on a specific
assignment and provide a more structured form of security.
NOTE: Show slide, “Security Teams.”
1. Court Team
The court team consists of a team leader and any number of
security officers. This team provides security for the courthouse
and courtroom. This team becomes intimately familiar with the
exterior and interior of the building. On a daily basis during the
trial, they search the exterior of the building and the courtroom
itself. This search is thorough--looking for people hiding, bombs,
safety, i.e., fire equipment, alarms, emergency lighting, listening
devices, keys, and key control, etc.
When court is not in session, the courtroom should be locked at all
times. In high threat trials you may want to post a security officer
in the courtroom whenever and for as long as court is not in
session. Sometimes the courtroom locks may be changed or
re-keyed so that only court security personnel can lock and
possess the only keys.
2. Inmate Team
Members of this team are unarmed to preclude the possibility that
an inmate/prisoner could reach and use a team member’s weapon
or an accomplice could seize the weapon. If armed security is
necessary, request additional officers to provide lead and chase
vehicles with armed officers. Hand-pick the prisoner team; match
team members with prisoners; large team members with large
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prisoner; female with female prisoner. Strip search and shackle
before leaving courthouse. Because everyone knows where the
jail is and where the courthouse is, the greatest amount of danger
is when you depart the jail. SWAT team deployment may be
considered for placement on the upper floors or rooftop of the jail if
necessary. The same is true at the courthouse.
When transporting, there should be as many different routes as
possible, avoiding routes with frequent stops. Vary the times of
the transport. Prisoners should be delivered at odd hours, i.e.,
0530, 0730. Prisoners are fed in the holding cell during the
mid-day recess. When the team concept is used there must be
communication between all teams involved and the other transport
vehicles as well as the destination.
Most of the time, prisoners are not shackled in the courtroom
when jurors are present. A suggested procedure is for the
prisoner defendant to remain in the courtroom at his/her seat until
the judge and jury have departed. Once they have left the
courtroom, then shackle and move your prisoner. However, the
judge may request prisoners that are viewed as dangerous to be
restrained (G. S. 15A-1031). If he does not want the shackles
visible, there are devices or ways to deceive the jury. For
example, officers may completely cover both attorney tables with a
skirt and then use handcuffs and leg irons with the prisoner.
Remember, we have a witness team member directly behind the
prisoner's chair with his foot on the chair. There are other devices
such as a leg brace worn under the pants leg. There are also
chairs with leather wrist cuffs and ankle cuffs fixed to the chair. In
this case, it is a good idea to bolt the chair to the floor or place a
heavy weight on the chair legs. If this is to be done, get the judge's
approval. Normally, this is not done until the prisoner becomes
unruly.
3. Jury Team
The primary responsibility of the jury team is to provide protection
for the jurors. While safety is a priority, they also see that no one
speaks with or passes notes or that they read or watch what could
or does inform them about the trial. In high threat trials, the jury
may be sequestered and this team is the only team to deal with
jurors. During deliberations, members of this team may stand
guard at the door of the jury room. This post can be for 24 hours;
however, in most cases the lock of the door can be
re-keyed/changed for the duration of the trial. The jury room
should not be bugged, have no telephones, video cameras, radio,
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television, or newspapers. The security officer has a duty to
prevent introduction of any of the above items into the room.
Messages from the jury to the judge are passed on by a member
of this team.
4. Witness Team
This team operates much the same as the prisoner team. The
team is responsible for the safety and security of the witnesses.
Witnesses can be kept in a jail, safe house, and with proper
security in their home. In some instances the witnesses are
housed in motels or hotels and are moved within the motel/hotel or
moved to different places frequently. Witnesses need a safe,
secure room to wait in the courthouse. This team also has to
develop a contingency plan to deal with any situation that may
arise concerning witnesses (hostile witness, victim, or defendant’s
family, etc.). Witnesses are usually transported by team
members. All teams need to communicate in order to keep
informed of potential problems in the courtroom (i.e., family
members becoming agitated or hostile or possible confrontation).
5. Judges Team
This team may be formed when there has been a threat made
toward the trial judge and/or members of his/her family, or if the
judge asks for this protection. The judge and/or his family is
provided close personal security on a 24-hour basis. Depending
on the nature and validity of the threat, the family may be
requested to remain inside their home or be moved to a safe
house.
6. Additional procedures for courtroom security
Along with the team concept, there are numerous other proce-
dures that are designed to assure the safety and security of all
persons who enter a county courthouse. Providing any security is
an on-going process. Listed below are additional security
procedures an agency might want to consider when developing
policies and procedures.
NOTE: Show slide, “Additional Security Proce dure s."
a. Develop detailed security plans. Determine both
short-term objectives and long range goals for the security
of the courthouse.
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b. Conduct a Physical Security Survey to identify weaknesses
in courthouse security.
c. List security problems and consider possible solutions to
those problems, including operational, technological, and
architectural remedies.
d. Address budget restrictions and the negative impact on
courthouse security.
e. Review courtroom security to ensure compliance with legal
authority.
f. Meet with judges, district attorneys, and other courthouse
personnel. Discuss how their roles impact on courtroom
security.
g. Prepare a comprehensive policy and procedures manual to
cover:
(1) Overall courthouse security
(2) Sequestered juries
(3) High risk trials
(4) Emergency situations
(5) Transporting prisoners
(6) Searches
(7) Escape attempts
(8) Controlling spectators
(9) News media
III. Conclusion
A. Summary
Proper courtroom security can only be achieved by being "pro-active," not
"re-active." Hopefully, additional training for new officers will help reduce
dangerous situations found in today's courtrooms.
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This block is a general overview of courtroom duties. You have also been
introduced to techniques and procedures that are utilized in courtrooms
throughout the country. This lesson plan wasn't designed to make you an
expert on courtroom security or prepare you to instantly assume the
duties of a court bailiff. This information is only intended to heighten your
awareness of courtroom security and give you a general overview of the
operations of the courtroom. Officers permanently assigned to the
position of bailiff or court security should take a course in courtroom
security.
If you are employed by a sheriff's office there is a good possibility you will
be requested to assist with courtroom security during your career. Pay
attention to the various courtroom operations and the duties of the court
bailiff. Be familiar with emergency plans and know how to assist in case
of an emergency (bomb threat, fire, etc.).
NOTE: Show slide, “Training Objectiv es.”
B. Questions from the Class
C. Closing Statement
The court can be a tremendous responsibility for the sheriffs of North
Carolina and a very demanding place for a law enforcement officer to
work. Although this block of instruction could not possibly cover all the
information available on courtroom operations or security, it has given you
with a general overview of these important areas.