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

1



The Courtroom Work Group

Courtroom professional work group to: refers The professional courtroom actors: Judge, prosecuting attorneys, defense attorneys, public defenders, bailiff, Court reporter, Clerk of the Court and Expert witnesses.



_____________:

 Lay witnesses, Jurors, Defendant, Victim, spectators and the media It involves a ___________________ rules of civility, cooperation, and shared goals.

2

Judicial Selection

 Judges at the federal level are nominated by the Senate.

__________

and confirmed by the  Judges at the state level are selected by: – – –

_____________ ________________ Missouri plan

– non partisan committee creates list of possible canidates 3

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

) 4

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.

5



The Prosecuting Attorney

The prosecutor is: Elected in all but five states. Five states and Federal Government appoint prosecutors An attorney whose official duty is to

________________

proceedings on behalf of the state or the people against  those accused of having committed criminal offenses.

The role of the prosecutor is: – To

________________

– To act as quasi-legal advisor of local police.

– To demonstrate guilt doubt.

________

a reasonable 6

Prosecutorial Discretion

 Prosecutorial discretion refers to: 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

___________________.

 The most important form of prosecutorial discretion lies in the power to person with an offense.

__________ 7

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 ___________ 8

  •  

The Prosecutor’s Professional Responsibility

American Bar Association (ABA) Code of Professional Responsibility “The duty of the prosecutor is to merely to convict.” ___________, not

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.

9

Prosecutorial Liability

• 

Imbler v. Patchman (1976) “State prosecutors are absolutely immune from liability…for their conduct in initiating a prosecution and in presenting a State’s case.”

• 

Burns v. Reed (1991) A “state prosecuting attorney is absolutely immune from liability for damages…for participating in a probable cause hearing, but

not

for giving

legal advice

to the police.”

10

The Defense Counsel

 The defense counsel is: 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.

 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 ___________ 11

 

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% 3% of federally charged defendants and 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.

12

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 13

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 14

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 15

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 defense.

____________

another in the client’s – 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 court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury.

 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.

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Local Court Administrators

 Court administrators judges.

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

_________

management 19

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 20

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 21

The Expert Witness

 The expert witness is: A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence.

 Unlike lay witnesses, expert witnesses may _____________ in their testimony.

or draw conclusions 22

Outsiders: Nonprofessional Courtroom Participants

 The lay witness is: An eyewitness, character witness, or other person called on to testify who is not considered an expert.

 Lay witnesses must testify to the (direct knowledge) and must not draw conclusions or express opinions.

_________  A _________ is: A written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony.

23

Jurors

  Established by the Constitution A juror is: 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  Jurors are expected to render verdicts of “guilty” or “not guilty” as to the charges.



“__________”

verdict.

is the inability to give a 24

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 25

The Defendant

 Defendants trials.

_________

present at their  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 trial.

______

Amendment requires a public  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 defendant’s guilt or innocence.

Procedures in a modern courtroom are highly formalized.



_____________

refer to: Highly formalized. Court rules that govern the admissibility of evidence at criminal hearings and trials.

 Based partially on tradition.

 Circumscribed by informal rules and professional expectations.

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Nature & Purpose of the Criminal Trial



______________

system refers to: The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense.

   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 30

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.

32

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 Government’s negligence creates a prejudice that compounds over time, and at some point, as here, becomes intolerable.” 33

Jury Selection

 The Sixth Amendment guarantees the right to an impartial jury unbiased; (free of preconceived notions of guilt).

 Jury selection refers to: The process whereby, according to law and precedent, members of a particular trial jury are chosen.

 Three

_____

of challenges: – Challenges to the array – Challenges for cause – Peremptory challenges 34

Jury Selection



________

examination is the questioning of potential jurors in order to select unbiased individuals.

 Peremptory challenge refers to: The right to challenge a potential juror

______

disclosing the reason for the challenge (limited number of peremptory challenges)  Scientific jury selection 35

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 defendant’s right to an impartial trial.

36

Opening Statements

 Opening statement refers to: 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.

 Evidence is ________ offered.

 Defense may choose to focus on the prosecutor’s burden of proof __________ 37

The Presentation of Evidence

 

Evidence

refers to: Anything useful to a judge or jury in deciding the facts of a case.

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”

38

The Testimony of Witnesses

  Judge decides which evidence can be presented to the jury.

Testimony refers to:

_____________

offered by a sworn witness on the witness stand during a criminal trial.

 Perjury refers to: 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.

39

The Hearsay Rule

 Hearsay refers to: Something that is not based on the personal knowledge of a witness.

 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.

40

Closing Arguments

 Closing argument refers to: 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.

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 –

____________________

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The Judge’s 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 decision of the jury in a jury trial or of a judicial officer in a non-jury trial.

 The

______________

vigorous deliberations and suggests to obstinate jurors that their objections may be ill founded if they make no impression on the other jurors.

urges the jury to 43

Problems with the Jury System

 Jurors cannot be expected to understand modern legal complexities.

 Jurors often instructions.

cannot understand jury  Jurors often from fact.

cannot separate emotions  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 45