Presentation on theme: "The Courtroom Work Group"— Presentation transcript:
1Chapter 8 The Courtroom Work Group-Professional Courtroom Actors & the Criminal Trial
2The Courtroom Work Group Courtroom professional work group refers to:_____________:Lay witnesses, Jurors, Defendant, Victim, spectators and the mediaIt 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.
3Judicial SelectionJudges 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
4The Judge The judge ‘s: Primary duty is to insure justice The _____________ include:To rule on matters of law.Weigh objectionsDecide admissibility of evidenceTo decide guilt or ________________Sentence offendersDisciplining disorderly courtroom attendeesTo manage court operations (presiding judge)
5Judicial Qualifications General jurisdiction and appellate court judges:Holds a _________________Are licensed attorneysAre members of their state bar association.Attend professional trainingLimited jurisdiction judges:May be elected.May ____ have any legal training.
6The Prosecuting Attorney The prosecutor is:Elected in all but five states. Five states and Federal Government appoint prosecutorsThe 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.
7Prosecutorial 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 ___________________.
8Abuse of DiscretionThe high level of discretion allows for the potential for abuse.Personal considerations – not prosecuting friends; reduced charges for personal gainOverzealous prosecutionAdministrative decisionsWithholding exculpatory evidenceTo ___________________ into pleading guiltyDiscriminate against ___________
9The Prosecutor’s 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.
10Prosecutorial 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.”
11The Defense Counsel The defense counsel is: The role of the defense counsel is:To represent the accused.Prepare a defenseRefutes cases presented by prosecutorTo 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.
12The Criminal LawyerThree major categories of defense attorneys assist criminal defendants.Private attorneys, usually referred to as criminal lawyers or _______________Court-appointed counselPublic defenders_________________________1% of federally charged defendants and3% 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.
13Criminal Defense of the Poor The _______________ guarantees the right to an attorney.Johnson v. Zerbst (1938)Right to counsel appointed in all Federal casesPowell v. Alabama (1932)State right to an attorney in capital casesGideon v. Wainwright (1963)State right to an attorney in all felony casesArgersinger v. Hamlin (1972)Right to an attorney when faced with potential imprisonment-including misdemeanor casesIn re Gault (1967)Right to an attorney given to juveniles
14Criminal Defense of the Poor Use full-time salaried attorneys28% counties use exclusively64% counties use public defendersThree systems for indigent defense:Court-appointed counsel/conflict attorneysPublic defenders____________attorney
15The Ethics of Defense Temptation at _____________behavior: The nature of the adversarial processThe ____________of the participantsThe privileged and extensive knowledge about their cases
16The Ethics of Defense Four main groups of standards Canons of Professional _________Model Code of Professional ResponsibilityModel Rules of Professional ConductStandards for _____________
17American Bar Association Code of Professional Responsibility In representing a client, a lawyer shall not:Knowingly ____________ another in the client’s 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.
18The 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.
19Local Court Administrators Court administrators provide uniform court management, assuming many of the duties previously performed by chief judges.Record keepingScheduling and case-flow analysisPersonnel administrationSpace utilization and facilities planning_________management
20The Court ReporterThe role of the court reporter (court stenographer or court recorder) is to __________________ of all court proceedings.Transcripts are necessary for appeals
21The Clerk of the CourtThe clerk maintains all records of criminal cases _____________.All pleas and motions madePrepares a jury poolIssues jury summonsesSubpoenas and swear in witnessesMarks _______________ for identification
22The 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.
23Outsiders: 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.
24Jurors 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
25The Victim Not all crimes have identifiable victims. Victims are like witnesses.They experience many hardships.Uncertainties as to their roleLack of knowledge regarding the legal systemTrial delays that result in frequent travel, missed work, and wasted timeFear of retaliationTrauma of testifying and of cross-examination
26The 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.
27The Defendant Defendants exercise choice in: Counsel. _____________ Information to divulge.Whether to testify.Whether to plea.Whether to file an appeal.
28Spectators & 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.
29The Criminal TrialThe purpose is to determine defendant’s 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.
30Nature & 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 chargedThe two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense.
32Speedy 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.
33Federal 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.”
34Jury SelectionThe 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 arrayChallenges for causePeremptory challengesThe process whereby, according to law and precedent, members of a particular trial jury are chosen.
35Jury Selection________ examination is the questioning of potential jurors in order to select unbiased individuals.Peremptory challenge refers to:Scientific jury selectionThe right to challenge a potential juror ______ disclosing the reason for the challenge (limited number of peremptory challenges)
36Jury 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.
37Opening Statements Opening statement refers to: Evidence is ________offered.Defense may choose to focus on the prosecutor’s 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.
38The 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 conclusionsReal 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.
39The 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.
40The 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.
41Closing 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.
42The Judge’s Charge to the Jury The judge charges the jury to _______and;Select a forepersonDeliberateReturn with a verdictThe judge will:Stress jury ___________Remind jurors of the statutory elements of the charge.Explain the burden of proof.Explain “guilty beyond a _____________”.
43Jury 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.
44Problems 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.
45Improving the Process Suggestions for improving jury system: Replace jury with a panel of _________Replace jury with _____________jurorsDependabilityKnowledgeEquity