2 Courthouse Actors Lawyers: Court Support Staff: Prosecutor Public DefenderPrivate Defense AttorneyJudgeLaw clerkCourt Support Staff:Clerk of CourtCourt ReporterSecretaryTranslatorCourt Administrator
3 Other Courthouse Actors Law Enforcement:Court Security StaffSheriff’s DeputyBailiffCorrections:Probation OfficerPretrial ServicesDrug Rehabilitation ProgramsPublicBail AgentNewspaper ReporterDefendantVictimWitnessJurorsRape Crises CenterChild AdvocateCourt watchersVictim/Witness Assistance
4 Who Manages the Courts? Job varies from jurisdiction to jurisdiction Most common variation include:Clerks of CourtChief JudgesCourt Administrators
5 Clerk of Court Responsibilities: Docketing (Scheduling) casesCollecting feesOverseeing Jury SelectionMaintaining court recordsMost operate semi-autonomously from the judge
6 Assembly-Line Justice The operation of any segment of the criminal justice system with such speed and impersonality that defendants are treated as objects to be processed rather than as as individuals.This is due to the disparity between the number of cases vs the number of judges and the number of prosecutors, defense attorneys, and probation officers.Mass-production techniques are utilized.
7 DiscretionThe lawful ability of an agent of government to exercise choice in making a decisions.Three sub-components:Legal JudgmentsPolicy PrioritiesPersonal Philosophies
8 Legal Judgments Examples: Prosecutor decides whether or not to file criminal chargesProsecutor decides which charge(s) to fileProsecution decides to utilize pre-trial diversion or probation
9 The Courtroom Workgroup Mutual InterdependenceShared Decision MakingSocializationNormal CrimesRewards and SanctionsVariability
10 Delays in CourtDelay: abnormal or unacceptable time lapses in the processing of cases.The American Bar Association (ABA) recommends that all felony cases should reach disposition within one year of filing.Court delay jeopardizes the 6th Amendment.Number of states have enacted speedy trial laws
11 Speedy Trial Issues Sixth Amendment Speedy Trial Act of 1974 (Federal) Right to a speedy trial.Speedy Trial Act of 1974 (Federal)30 days from arrest to arraignment70 days form indictment to trialBarker v. WingoThe right to a speedy trial is relative, not absolute.