Transcript AJ 50 – Introduction to Administration of Justice

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