Chapter 8 The Courtroom Work Group-Professional Courtroom Actors

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Chapter 8The Courtroom Work Group-Professional
Courtroom Actors the Criminal Trial
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The Courtroom Work Group

• Courtroom professional work group refers to
• _____________
• Lay witnesses, Jurors, Defendant, Victim,
  spectators and the media
• It involves a ___________________rules of
  civility, cooperation, and shared goals.

The professional courtroom actors Judge,
prosecuting attorneys, defense attorneys, public
defenders, bailiff, Court reporter, Clerk of the
Court and Expert witnesses.
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Judicial Selection

• Judges at the federal level are nominated by the
  __________and confirmed by the Senate.
• Judges at the state level are selected by
• _____________
• ________________
• Missouri plan non partisan committee creates
  list of possible canidates

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The Judge

• The judge s Primary duty is to insure justice
• The _____________ include
• To rule on matters of law.
• Weigh objections
• Decide admissibility of evidence
• To decide guilt or ________________
• Sentence offenders
• Disciplining disorderly courtroom attendees
• To manage court operations (presiding judge)

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Judicial Qualifications

• General jurisdiction and appellate court judges
• Holds a _________________
• Are licensed attorneys
• Are members of their state bar association.
• Attend professional training
• Limited jurisdiction judges
• May be elected.
• May ____ have any legal training.

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The Prosecuting Attorney

• The prosecutor is
• Elected in all but five states. Five states and
  Federal Government appoint prosecutors
• The role of the prosecutor is
• To ________________
• To act as quasi-legal advisor of local police.
• To demonstrate guilt ________a reasonable doubt.

An attorney whose official duty is to
________________ proceedings on behalf of the
state or the people against those accused of
having committed criminal offenses.
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Prosecutorial Discretion

• Prosecutorial discretion refers to
• The most important form of prosecutorial
  discretion lies in the power to __________ person
  with an offense.

Decision-making power of prosecutors, based on
the wide range of choices available to them
filing charges against criminal defendants what
evidence to present the scheduling of cases for
trial, the acceptance of ___________________.
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Abuse of Discretion

• The high level of discretion allows for the
  potential for abuse.
• Personal considerations not prosecuting
  friends reduced charges for personal gain
• Overzealous prosecution
• Administrative decisions
• Withholding exculpatory evidence
• To ___________________ into pleading guilty
• Discriminate against ___________

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The Prosecutors Professional Responsibility

• American Bar Association (ABA) Code of
  Professional Responsibility
• The duty of the prosecutor is to ___________,
  not merely to convict.
• Brady v. Maryland (1963)
• U.S. v. Bagley (1985)
• The U.S. Supreme Court held that the prosecution
  is required to disclose to the defense any
  ____________ __________in its possession that
  directly or indirectly relates to claims of
  either guilt or innocence.

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Prosecutorial Liability

• Imbler v. Patchman (1976)
• State prosecutors are absolutely immune from
  liabilityfor their conduct in initiating a
  prosecution and in presenting a States case.
• Burns v. Reed (1991)
• A state prosecuting attorney is absolutely
  immune from liability for damagesfor
  participating in a probable cause hearing, but
  not for giving legal advice to the police.

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The Defense Counsel

• The defense counsel is
• The role of the defense counsel is
• To represent the accused.
• Prepare a defense
• Refutes cases presented by prosecutor
• To ensure that the _____________ are not
  violated.
• To file ___________

A licensed trial lawyer, hired or appointed to
conduct the legal defense of a person accused of
a crime and to represent him or her before a
court of law.
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The Criminal Lawyer

• Three major categories of defense attorneys
  assist criminal defendants.
• Private attorneys, usually referred to as
  criminal lawyers or _______________
• Court-appointed counsel
• Public defenders
• _________________________
• 1 of federally charged defendants and
• 3 of state level defendants represent
  themselves.
• Faretta v. California (1975)
• Indigents are not required to accept counsel.
  They may waive their right and represent
  themselves.

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Criminal Defense of the Poor

• The _______________ guarantees the right to an
  attorney.
• Johnson v. Zerbst (1938)
• Right to counsel appointed in all Federal cases
• Powell v. Alabama (1932)
• State right to an attorney in capital cases
• Gideon v. Wainwright (1963)
• State right to an attorney in all felony cases
• Argersinger v. Hamlin (1972)
• Right to an attorney when faced with potential
  imprisonment-including misdemeanor cases
• In re Gault (1967)
• Right to an attorney given to juveniles

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Criminal Defense of the Poor

• Use full-time salaried attorneys
• 28 counties use exclusively
• 64 counties use public defenders
• Three systems for indigent defense
• Court-appointed counsel/conflict attorneys
• Public defenders
• ____________attorney

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The Ethics of Defense

• Temptation at _____________behavior
• The nature of the adversarial process
• The ____________of the participants
• The privileged and extensive knowledge about
  their cases

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The Ethics of Defense

• Four main groups of standards
• Canons of Professional _________
• Model Code of Professional Responsibility
• Model Rules of Professional Conduct
• Standards for _____________

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American Bar Association Code of Professional
Responsibility

• In representing a client, a lawyer shall not
• Knowingly ____________ another in the clients
  defense.
• Knowingly make a defense that is unwarranted
  under the law.
• Conceal or fail to disclose that which is
  required by law to be revealed.
• Knowingly use _______testimony or false evidence.
• Knowingly make a ______statement of law or fact.
• Counsel or assist with ______ or fraudulent
  conduct.

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The Bailiff

• The bailiff is
• The role of the bailiff is
• To act as court officer announce judge call
  witnesses.
• To ____________
• To call witnesses.
• Maintains physical custody prevents the escape
  of the accused.
• To supervise a ____________ jury.

The court officer whose duties are to keep order
in the courtroom and to maintain physical custody
of the jury.
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Local Court Administrators

• Court administrators provide uniform court
  management, assuming many of the duties
  previously performed by chief judges.
• Record keeping
• Scheduling and case-flow analysis
• Personnel administration
• Space utilization and facilities planning
• _________management

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The Court Reporter

• The role of the court reporter (court
  stenographer or court recorder) is to
  __________________ of all court proceedings.
• Transcripts are necessary for appeals

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The Clerk of the Court

• The clerk maintains all records of criminal cases
  _____________.
• All pleas and motions made
• Prepares a jury pool
• Issues jury summonses
• Subpoenas and swear in witnesses
• Marks _______________ for identification

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The Expert Witness

• The expert witness is
• Unlike lay witnesses, expert witnesses may
  _____________ or draw conclusions in their
  testimony.

A person who has special knowledge and skills
recognized by the court as relevant to the
determination of guilt or innocence.
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Outsiders Nonprofessional Courtroom Participants

• The lay witness is
• Lay witnesses must testify to the _________
  (direct knowledge) and must not draw conclusions
  or express opinions.
• A _________ is

An eyewitness, character witness, or other person
called on to testify who is not considered an
expert.
A written order issued by a judicial officer or
grand jury requiring an individual to appear in
court and give testimony.
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Jurors

• Established by the Constitution
• A juror is
• Jurors are expected to render verdicts of
  guilty or not guilty as to the charges.
• __________ is the inability to give a verdict.

A member of a trial or grand jury who has been
selected for jury duty and is required to serve
as an arbiter of the facts in a court. Most
states use 12 jurors with 2 alternates
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The Victim

• Not all crimes have identifiable victims.
• Victims are like witnesses.
• They experience many hardships.
• Uncertainties 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 of cross-examination

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The Defendant

• Defendants _________ present at their trials.
• They must be present at every stage.
• If initially present, the defendant may be
  voluntarily absent.
• The majority of criminal defendants are poor,
  ___________ and alienated.

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The Defendant

• Defendants exercise choice in
• Counsel.
• _____________
• Information to divulge.
• Whether to testify.
• Whether to plea.
• Whether to file an appeal.

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Spectators the Media

• The ______Amendment requires a public trial.
• Media reports often create problems, making it
  hard to find jurors without opinions.
• Most state courts allow TV cameras
• ________________ refers to

The movement of a trial or lawsuit from one
jurisdiction to another to ensure a fair trial.
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The Criminal Trial

• The purpose is to determine defendants guilt or
  innocence.
• Procedures in a modern courtroom are highly
  formalized.
• _____________ refer to
• Based partially on tradition.
• Circumscribed by informal rules and professional
  expectations.

Highly formalized. Court rules that govern the
admissibility of evidence at criminal hearings
and trials.
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Nature Purpose of the Criminal Trial

• ______________ system refers to
• In theory, justice is done when the most
  effective adversary is able to convince the judge
  or jury that his/her perspective on the case is
  the correct one.
• __________ - Defendant is actually responsible
  for the crime of which he is accused
• _______ Defendant is found guilty as charged

The two-sided structure under which American
criminal trial courts operate that pits the
prosecution against the defense.
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Eight Stages in a Criminal Trial
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Speedy Trial Supreme Court Cases

• Klopfer v. North Carolina (1967)
• The court asserted that the state right to a
  speedy trial was a U.S. Constitutional guarantee.
• Baker v. Wingo (1972) The Sixth Amendment can be
  violated even if the defendant does not object to
  delays.
• Strunk v. U.S. (1973) Denial of a speedy trial
  should result in dismissal of all charges.
• ________________ (1974)refers to

A 1974 federal law requires that proceedings
against a criminal defendant begin within 30 days
of arrest trial must begin within 70 working
days after indictment. Can extend to 180 days.
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Federal Speedy Trial Act Cases

• U.S. v. Taylor (1988) Court ruled that when delay
  is the result of actions by the defendant, the
  70-day rule does not apply.
• Doggett v. U.S. (1992) Even delay occasioned by
  the Governments negligence creates a prejudice
  that compounds over time, and at some point, as
  here, becomes intolerable.

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Jury Selection

• The Sixth Amendment guarantees the right to an
  impartial jury unbiased (free of preconceived
  notions of guilt).
• Jury selection refers to
• Three _____of challenges
• Challenges to the array
• Challenges for cause
• Peremptory challenges

The process whereby, according to law and
precedent, members of a particular trial jury are
chosen.
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Jury Selection

• ________ examination is the questioning of
  potential jurors in order to select unbiased
  individuals.
• Peremptory challenge refers to
• Scientific jury selection

The right to challenge a potential juror ______
disclosing the reason for the challenge (limited
number of peremptory challenges)
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Jury Selection and Race

• Peremptory challenges continue to tend toward
  _______ imbalance.
• Batson v. Kentucky (1986)
• The use of peremptory challenges for
  discriminatory purposes constitutes a violation
  of the defendants right to an impartial trial.

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Opening Statements

• Opening statement refers to
• Evidence is ________offered.
• Defense may choose to focus on the prosecutors
  burden of proof __________

The initial statement of the prosecution or the
defense, made in a court of law to a judge or to
a judge and jury, describing the facts that he or
she intends to present during trial to prove the
case.
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The Presentation of Evidence

• Evidence refers to
• Direct evidence - Facts that need not be
  interpreted (photographs, testimony)
• ____________________ -Requires judge or jury to
  make inferences or draw conclusions
• Real evidence - Physical material or traces of
  activity, introduced by means of exhibits

Anything useful to a judge or jury in deciding
the facts of a case.
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The Testimony of Witnesses

• Judge decides which evidence can be presented to
  the jury.
• Testimony refers to
• Perjury refers to

_____________ offered by a sworn witness on the
witness stand during a criminal trial.
The intentional making of a false statement as
part of the testimony by a sworn witness in a
judicial proceeding on a matter relevant to the
case at hand.
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The Hearsay Rule

• Hearsay refers to
• The _____________ is a long-standing precedent in
  which hearsay (secondhand evidence) cannot be
  used in American courtrooms.
• Exception to the hearsay rule may occur when the
  person with direct knowledge is dead or is
  otherwise unable to testify.

Something that is not based on the personal
knowledge of a witness.
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Closing Arguments

• Closing argument refers to
• The summation provides a review and analysis of
  the evidence.
• It works to persuade the jury to draw a
  conclusion favorable to the presenter.
• CA ____________________

An oral summation of a case presented to a judge,
or to a judge and jury, by the prosecution or by
the defense in a criminal trial.
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The Judges Charge to the Jury

• The judge charges the jury to _______and
• Select a foreperson
• Deliberate
• Return with a verdict
• The judge will
• Stress jury ___________
• Remind jurors of the statutory elements of the
  charge.
• Explain the burden of proof.
• Explain guilty beyond a _____________.

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Jury Deliberation and the Verdict

• The verdict is
• The ______________ urges the jury to vigorous
  deliberations and suggests to obstinate jurors
  that their objections may be ill founded if they
  make no impression on the other jurors.

The decision of the jury in a jury trial or of a
judicial officer in a non-jury trial.
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Problems with the Jury System

• Jurors cannot be expected to understand modern
  legal complexities.
• Jurors often cannot understand jury instructions.
• Jurors often cannot separate emotions from fact.
• Some juries are __________by one or two members
  with forceful personalities.

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Improving the Process

• Suggestions for improving jury system
• Replace jury with a panel of _________
• Replace jury with _____________jurors
• Dependability
• Knowledge
• Equity