2objectives The student will be able to: Identify career opportunities in the court systems.Examine the roles of the courtroom work groups such as judges, prosecutors, defense counsel, and bailiffs.
3introductionThe courtroom is made up of various roles that perform specific functions.The roles are vital in having a criminal justice system that is fair and just.We will be looking at what these roles are and what function they serve in the courtroom.
8police responsibilities Appearance enhances or diminishes the reputation of the officer and the police departmentWear the uniform or formal wear
9prosecutor responsibilities Representative of the statePresent the evidence to the jury to show why the defendant is guiltyUsually, at least two prosecutors are assigned to the courtroom for each trial.
10prosecutor responsibilities Opens the trial with an opening statementIntended to “wet the appetite” of the jury regarding the topic of the trial andWhy the defendant is guiltyPresents their case to the jury firstThe prosecutor bearsthe burden of proof — they must demonstrate that the defendant is guilty beyond all doubtross
11prosecutor responsibilities Gives a closing statement to the jury at the end of the trialSummarizes why the defendant is guiltyGiven after the defense attorney’s closing statement
12defense attorney responsibilities Representative of the defendantMay be employed by the defendant orMay be appointed by the state to represent the defendant
13defense attorney responsibilities Gives an opening statement after the prosecutorIntended to inform the jury that their client is innocentAs they will be convinced of when the trial is over
14defense attorney responsibilities Presents his or her case to the jury after the prosecution has presented its case
15defense attorney responsibilities Gives a closing statement when done with the caseShould summarize the case for the jury andEmphasize why the defendant is innocent“Beyond Reasonable Doubt”:Is the highest standard of proof that must be met in a trialIf there is any doubt, then jurors are told to not find the defendant guilty Sometimes referred to as "moral certainty”
16Responsibilities of the prosecutor and the defense attorney Direct Examination – the first series of questions asked of the witness by the prosecutor or defense attorneys when they are presenting their caseCross-Examination – the first series of questions asked of the witness by the prosecutor or defense attorneys when the other side is presenting their case
17Responsibilities of the prosecutor and the defense attorney Redirect Examination– when the prosecutor or defense attorneys are allowed to ask questions after their witness has been cross-examined by the other sideRecross-Examination– when the prosecutor or defense attorney can ask questions of the other side’s witness after that witness has been redirected
18Responsibilities of the prosecutor and the defense attorney The prosecutor and the defense attorney have the duty to object to the judge when the other side is violating proper courtroom procedure.An objection prevents illegal questioning and must be made quickly and loudly to halt the witness before he or she answersObjections may be for the following reasons:Irrelevant & Immaterial—the question is not about the issues of the trialHearsay—what someone told the witness rather than what they heard first-handLeading the Witness—putting words in the mouth of one’s own witness
19Circumstantial Evidence Evidence that is drawn not from direct observation of a fact but from events or circumstances that surround it.If a witness arrives at a crime scene seconds after hearing a gunshot to find someone standing over a corpse and holding a smoking pistol, the evidence is circumstantial, since the person may merely be a bystander who picked up the weapon after the killer dropped it.Prior threats to the victim, fingerprints found at the scene of the crime, ownership of the murder weapon, and the accused being seen in the neighborhood, certainly point to the suspect as being the killer, but each bit of evidence is circumstantial.
20judge responsibilities The judgeIs referee in the courtroomHas the final say on everything that happens in the courtroom (except the jury’s verdict)If the defendant has waived his or her right to a jury trial, then the judge also decides the guilt or innocence of the defendant
21judge responsibilities The judge makes two types of rulings on objections:Sustained– the witness is NOT allowed to answer the question that has been asked of themOverruled– the witness IS allowed to answer the question that has been asked of them
22defendant responsibilities The defendant isThe person accused of committing the crimes andIs protected by the 5th amendment from testifying against his or her self in courtIf the defendant chooses to testify,They will be questioned by the prosecution as well as the defense.
23defendant responsibilities A defendant may be asked to provide an alibi-- the plea made by a person accused of a crime of having been at another place when the crime occurred
24victim responsibilities The victim isThe person who the crime was committed againstUsually called to testify during the course of the trial
25bailiff responsibilities The bailiffIs a certified peace officer that maintains order in the courtAdministers the oath to anyone who takes the standTakes things to and from the judgeDoes anything else that the judge needs him or her to do
26court reporter responsibilities The court reporterIs an employee of the court who records everything that is said in the trialGoes to a school where they learn how to take notes using a style called shorthandThese notes are official documents that may be used as reference in future court proceedings.
27jury responsibilities The juryConsists of 6 to 12 U.S. citizensSelected before the trial by the prosecutor and defense attorneyThe judge has the final say on who can serve on the juryObserves the trial then decides on the guilt or innocence of the defendant
28jury responsibilities The juryMust be unanimous in their decision orIt is a hung jury and a new trial has to take place with a different juryMay also be asked to decide what the punishment of the defendant should be if they are found guilty
29Witnesses A witness is anyone who is called to testify at a trial They provide their testimony--oral evidence given under oath by a witness in answer to questions posed by attorneys at trialEye Witness: a person who has actually seen an event and can so testify in courtExpert Witness: a person who is a specialist in a subject who may present his/her expert opinion without having been a witness to any occurrence relating to the case.
30proper courtroom testimony Witnesses should:Be confidentNot look at the jury, judge, or the accused when walking into the courtroomWhen taking the oath, look at the person administering itSit up straight and keep their hands in their lap, not near the mouthAnswer questions loudly and clearlyMake eye contact with the jurors when answering the questionsAddress the judge as “Your Honor” if it is necessary to ask the judge a questionMake sure they understand the question before answering itStop talking if an objection is made, until the judge has made a rulingAlways tell the truthAdmit when they make mistakesKnow the facts but not memorize the testimony