1. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 1 The Courtroom Work Group and the Criminal Trial

2. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 2 Courtroom Participants Professional (the courtroom workgroup)  Judge  Prosecuting attorney  Defense attorney  Bailiff  Court reporter  Clerk of the court  Expert witnesses Non-Professional  Lay witnesses  Jurors  Defendant  Victim  Spectators  Press

3. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 3 Primary duty  to ensure justice Responsibilities include:  Ruling on most matters of the law  Weighing objections  Deciding the admissibility of evidence  Sentencing offenders  Disciplining disorderly courtroom attendees  Deciding guilt or innocence (for bench trials) The Judge

4. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 4 The Presiding judge handles administrative responsibilities if there is no court administrator. The presiding judge:  Hires staff  Ensures adequate training of new judges and staff  Generally manages court operations The Judge

5. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 5 Judicial Selection Federal Judges  Nominated by President  Confirmed by senate State Judges  Popular election  Gubernatorial appointment  Missouri Plan (combines appointment and election)

6. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 6 Judges: Qualifications At general and appellate levels, judges must:  Be a member of the state bar  Be a licensed attorney (for 10 years)  Hold a law degree (in most states)  Attend professional training

7. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 7 Prosecuting Attorney Prosecutors are also referred to as: district attorney. Federal prosecutors are called U.S. Attorneys.

8. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 8 County prosecutors are elected in California  Prosecutors are elected for four-year terms. They hire “Deputy” District Attorneys.  Five states and the federal government appoint their prosecutors. Prosecutor

9. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 9  Present the state’s case against the defendant  State has the burden of proof  Supervise staff of assistant district attorneys  Serve as quasi-legal advisor to police  Files appeals on behalf of the state  Makes presentations to parole boards Prosecutor’s Responsibilities

10. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 10 …decision-making power, based on the wide range of choices available to them. Prosecutorial Discretion

11. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 11 Prosecutor decides:  Whether or not to charge someone with a crime  Which charges are to be filed against the defendant  Whether multiple charges should be filed together or separately  When to schedule cases for trial  Whether or not to accept a negotiated plea  What evidence to present, including witnesses  What sentencing recommendations to make Prosecutorial Discretion

12. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 12 Abuse of Discretion  Not prosecuting friends  Accepting guilty pleas or reduced charges for personal consideration  Overzealous prosecution to gain visibility for possible re-election  Scheduling activities to make life difficult for defendants, in an attempt to put pressure on them to plead guilty  Discrimination against minorities  Withholding exculpatory evidence Prosecutors may abuse their discretion by

13. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 13 Brady v. Maryland (1963) The U.S. Supreme Court held that the prosecution is required to disclose to the defense any exculpatory evidence in its possession that directly or indirectly relates to claims of either guilt or innocence. Disclosure of Evidence

14. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 14 U.S. v. Bagley (1985) The Court ruled that the prosecution must disclose any evidence in its possession that the defense requests. To withhold evidence, even when it does not directly relate to issues of guilt or innocence, may mislead the defense into thinking that such evidence does not exist. Disclosure of Evidence

15. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 15 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.” Prosecutorial Liability

16. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 16 The Prosecutor’s Professional Responsibility Prosecutors (as with all attorneys) are expected to abide by various standards of professional responsibility, such as those found in the American Bar Association (ABA) Model Rules of Professional Standards. Prosecutors are barred from advocating any fact or position they know is untrue.

17. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 17 The defense counsel is a lawyer who:  Represents the accused  Participates in plea negotiations  Prepares a defense  Calls witnesses  Refutes legal arguements presented by prosecutor  Presents arguments at time of sentencing  Files appeals Defense Counsel

18. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 18 Three Major Categories of Defense Counsel 1. Private attorney (retained counsel)  Have their own legal practices or work for law firms  Fees can be high 2. Court-assigned counsel (assigned counsel)  Lawyers drawn from a roster of all practicing attorneys  Fees are paid at a rate set by the government 3. Public defender  Relies on full-time salaried government staff

19. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 19 Criminal Defense of the Poor The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the effective assistance of counsel. Defendants who are unable to pay for private defense attorneys will receive adequate representation at all stages of criminal justice processing.

20. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 20 The Court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with a capital offense. Powell v. Alabama (1932)

21. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 21 The U.S. Supreme Court established the right of indigent offenders to have legal counsel appointed for them in all federal cases. Johnson v. Zerbst (1938)

22. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 22 This case extended the right to appointed counsel for indigents in all felony cases. Gideon v. Wainwright (1963)

23. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 23 The U.S. Supreme Court extended the right of indigent offenders to have legal representation in any case where they could lose their liberty (including misdemeanor cases). Argersinger v. Hamlin (1972)

24. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 24 The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. In re Gault (1967)

25. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 25 Defendants in state courts who are facing relatively minor charges must be provided with an attorney at government expense even when they face only the slightest chance of incarceration. Alabama v. Shelton (2002)

26. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 26 Defendants who are not pleased with their provided lawyer can request a new one, but the court must determine that there is a “clear reason” for reassignment. Requesting a Different Attorney

27. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 27 State-supported indigent defense systems may also be called on to provide representation during appeals. If an attorney believes that such an appeal would be frivolous, he or she can request to be withdrawn from the case. Appeals and Indigent Defense

28. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 28 The Ethics of Defense  Canons of Professional Ethics  Model Code of Professional Responsibility  Model Rules of Professional Conduct  Standards for Criminal Justice ABA Ethical Guidelines

29. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 29 The bailiff is a law enforcement officer who:  Ensures order in the courtroom  Announces the judge’s entry  Calls witnesses  Maintains control over the defendant if the person has not been released on bail  Maintains physical custody of and supervises jury during deliberations and sequestering Bailiff

30. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 30 Many states employ court administrators:  Facilitate the smooth running of courts in particular judicial districts  Provide uniform court management  They are not Judges and usually are not lawyers. Local Court Administrators

31. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 31 The court reporter, also called the stenographer or court recorder, creates a written record of all court proceedings.  Transcripts are necessary for appeals. Court Reporter

32. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 32 The duties of the clerk of court include:  Maintaining all records of criminal cases and verdicts  Preparing the jury pool and issuing jury summonses  Subpoenaing witnesses  Marking physical evidence for identification at trial  Swearing in witnesses Clerk of Court

33. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 33 Expert Witness Expert witnesses have special knowledge and skills in an established profession or technical area. Usually, this person is paid to testify. Unlike lay witnesses, they may express opinions and draw conclusions in their testimony.

34. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 34 Outsiders: Nonprofessional Courtroom Participants

35. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 35  Non-expert witnesses are called lay witnesses. They may be:  Eyewitnesses  Character witnesses  Victim  Lay witnesses are subpoenaed to testify to that which they have direct knowledge of. Lay Witness

36. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 36 Article III of the U.S. Constitution  “trial of all crimes…shall be by jury”  States determine the number of jurors. Most use 12, plus 2 alternates.  Jury duty…a civic responsibility Jurors

37. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 37  Not all crimes have clearly identifiable or surviving victims. The Victim

38. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 38  Generally, they must be present at trial.  Defendants exercise choice in:  Selecting and retaining counsel  Planning a defense strategy with counsel  Deciding what information to provide counsel  Deciding what to plea  Deciding whether or not to testify  Determining whether or not to file an appeal The Defendant

39. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 39  Spectators and the press may be present at trial; with more at higher- profile cases.  The right of reporters to be there is supported by the Sixth Amendment’s requirement of a public trial.  Most state courts allow cameras in the courtroom…for television coverage. Spectators and the Press

40. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 40 The Criminal Trial

41. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 41 The Nature and Purpose of the Criminal Trial  The trial process is highly formalized and governed by rules of evidence and other procedural guidelines, as well as informal rules and professional expectations.  The purpose is to determine the defendant’s guilt or innocence.

42. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 42 Factual vs. Legal Guilt Factual Guilt The defendant is actually responsible for the crime of which he is accused. Legal Guilt The defendant is found guilty as charged.

43. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 43 The philosophy of the adversarial system is that the most just outcomes will occur when both sides are allowed to argue their cases effectively and vociferously before a fair and impartial jury. Adversarial System

44. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 44 There are eight stages of a criminal trial. 1.Trial initiation 2.Jury selection 3.Opening statements 4.The presentation of evidence 5.Closing arguments 6.The judge’s charge to the jury (instructions) 7.Jury deliberations 8.The verdict Stages in a Criminal Trial

45. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 45 Trial Initiation and the Speedy Trial The Sixth Amendment guarantees that in “all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”

46. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 46 Federal Speedy Trial Act (1974)  Prosecution must seek indictment or information within 30 days of arrest.  Trial must begin within 70 days after indictment.  Trial start can extend to 180 days if the defendant is not available or if witnesses cannot be called within the 70- day limit.

47. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 47 State Speedy Trial Acts  Many states have enacted their own speedy trial legislation.  Most set a limit of 90 or 120 days as a reasonable period of time for a trial to begin.

48. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 48  The Sixth Amendment guarantees the right to an impartial jury.  Jurors are expected to be unbiased and free of preconceived notions about guilt or innocence.  Prosecution and defense attorneys question potential jurors during the process of voir dire. Jury Selection

49. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 49 Jury Selection: Ensuring Impartiality  Challenge to the array  Challenge for cause  Peremptory challenge Both the prosecution and defense can use challenges to remove prospective jurors from the jury pool.

50. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 50 Challenge to the Array  Claims that the pool from which potential jurors are to be selected is not representative of the community.  Argued in a motion before voir dire.

51. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 51 Challenge for Cause  Claims that a prospective juror cannot be impartial or fair.  Typically, each side has an unlimited number of such challenges.

52. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 52 Peremptory Challenge … removes potential jurors without the need to give a reason. Typically, each side has a limited number of such challenges. Federal government and states vary in the number of such challenges allowed.

53. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 53 Sequestered Jury Judges decide whether or not a jury should be sequestered—isolated from the public during the course of a trial and throughout the deliberation process.

54. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 54 The presentation of information to the jury begins with opening statements—the initial statements of the attorneys, describing the facts that he or she intends to present during trial to prove the case. Opening Statements

55. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 55  Evidence—anything useful to a judge or jury in deciding the facts of a case.  First, prosecution presents its evidence. The defense follows. The Presentation of Evidence

56. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 56 Types of Evidence Direct evidence Facts that need not be interpreted (photographs, testimony) Circumstantial evidence Requires judge or jury to make inferences or draw conclusions Real evidencePhysical material or traces of activity, introduced by means of “exhibits”

57. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 57 Judges decide which evidence can be presented to the jury.  Evidence must be relevant.  The probative value must be weighed against the potential inflammatory or prejudicial qualities of the evidence. The Evaluation of Evidence

58. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 58 Testimony—oral evidence presented by witnesses, including victims, police officers, the defendant, and specialists.  Witnesses must be competent to testify.  The defendant has the Fifth Amendment right not to take the stand.  Witnesses are subject to direct and cross examination.  Witnesses who lie under oath commit perjury (a felony). The Testimony of Witnesses

59. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 59  Hearsay is anything that is not based on the personal knowledge of a witness.  The hearsay rule prohibits the use of “secondhand evidence.”  Exceptions to the hearsay rule:  Dying declarations  Spontaneous statements  Out-of-court statements (“past recollection recorded”) i.e. business records. The Hearsay Rule

60. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 60 At the conclusion of the trial, both sides provide the jury with closing arguments—a narrative summation of a case presented to a judge or jury. Prosecutor – Defense – Prosecutor. Closing Arguments

61. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 61  After closing arguments, the judge charges the jury to:  Select a foreperson  Deliberate  Return with a verdict  Judge may remind juries of statutory laws and requirement of impartiality. Judge’s Charge to the Jury

62. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 62  Deliberations may take minutes; some take weeks.  California requires a unanimous verdict.  Some juries are unable to reach a verdict. These deadlock juries are called hung juries. Jury Deliberations and the Verdict

63. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 63  Many jurors are ignorant of the law and legal precedent.  Some jurors personal opinions, biases, and emotions interfere with objectivity.  Some jurors fear personal retaliation. Some critics of the jury system call for professional juries. Problems with the Jury System

64. © Prentice Hall 2008 Pearson Education, Inc Upper Saddle River, NJ 07458 Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger 64 Questions for me?