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

2. 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.

3. 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

4. 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)

5. 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.

6. 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.

7. 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 ___________________.

8. 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 ___________

9. The 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.

10. 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.”

11. 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.

12. 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.

13. 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

14. 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

15. 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

16. The Ethics of Defense Four main groups of standards
Canons of Professional _________
Model Code of Professional Responsibility
Model Rules of Professional Conduct
Standards for _____________

17. American 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.

18. 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.

19. 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

20. 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

21. 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

22. 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.

23. 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.

24. 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

25. 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

26. 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.

27. The Defendant Defendants exercise choice in: Counsel. _____________
Information to divulge.
Whether to testify.
Whether to plea.
Whether to file an appeal.

28. 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.

29. The Criminal Trial
The 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.

30. 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.

31. Eight Stages in a Criminal Trial

32. 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.

33. 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.”

34. 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.

35. 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)

36. 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.

37. Opening 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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 _____________”.

43. 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.

44. 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.

45. Improving the Process Suggestions for improving jury system:
Replace jury with a panel of _________
Replace jury with _____________jurors
Dependability
Knowledge
Equity