CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Courtroom Work Group and the Criminal Trial CHAPTER 8

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Courtroom Work Group Professionals judge prosecuting attorney defense attorney bailiff court reporter clerk of the court expert witnesses

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Courtroom Work Group Others lay witnesses jurors defendant victim

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Judges

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Judge primary duty is to ensure justice and fairness rules on most matters of the law decides on the admissibility of evidence Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Judge maintains discipline in the courtroom sentences offenders found guilty determines guilt in non-jury trials Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The chief judge handles administrative responsibilities if there is no court administrator. hires staff ensures adequate training of new judges and staff generally manages court operations Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Judicial Selection appointed by the President confirmed by the Senate Federal Level

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Judicial Selection Three methods of selection: popular election gubernatorial appointment Missouri Plan State Level

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Missouri Plan incorporates elements of both popular election and appointment. When a vacancy occurs, the public votes to retain the judge or to have a new appointment made. Missouri Plan

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Non-partisan committee creates a list of possible candidates. Final list sent to governor’s office. The governor appoints from the list. After a specified time period, the appointed judge stands for election. Missouri Plan

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Judges: Qualifications be a member of the state bar be a licensed attorney hold a law degree (in most states) attend professional training At general and appellate levels:

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecutors

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecuting Attorney solicitor district attorney state’s attorney prosecutor Also called:

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal prosecutors are called U.S. Attorneys. Prosecutor

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ At the state level, most prosecutors are elected for a four-year term. Five states appoint their prosecutors. Prosecutor

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecutor presents information/evidence to the grand jury decides which charges are to be filed against the defendant Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecutor introduces evidence against the defendant at trial directs testimony of witnesses for the state Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecutor argues in favor of conviction files appeals on behalf of state in appellate court Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecutor argues before appellate courts makes presentations to parole boards Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 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. Brady v. Maryland (1963)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Court ruled that prosecution must disclose any evidence in its possession that the defense requests. U.S. v. Bagley (1985)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 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. U.S. v. Bagley (1985)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Prosecutor Liability U.S. Supreme Court ruled that “state prosecutors are absolutely immune from liability…for their conduct in initiating and presenting the state’s case.” Imbler v. Pachtman (1976)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Court held that 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.” Burns v. Reed (1991)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ In this case, the prosecutor told police it would be alright to hypnotize a defendant, who then confessed while hypnotized. Burns v. Reed (1991)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The defendant claimed that evidence obtained while she was hypnotized was inadmissible, and that the prosecutor should have known that. Burns v. Reed (1991)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Abuse of Discretion not prosecuting friends accepting guilty pleas or reduced charges for personal consideration overzealous prosecution to gain visibility for possible reelection By virtue of their position, prosecutors may be abuse their discretion by…

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Abuse of Discretion scheduling activities to make life difficult for defendants, in an attempt to put pressure on them to plead guilty discrimination against minorities By virtue of their position, prosecutors may abuse their discretion by…

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Defense Counsel

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Defense Counsel represents the accused participates in plea negotiations prepares a defense calls witnesses Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Defense Counsel refutes case presented by prosecutor presents arguments at time of sentencing files appeals Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Defense Counsel private attorney court-appointed counsel public defender Types of Defense Counsel

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor Important Court Cases Powell v. Alabama (1932) Johnson v. Zerbst (1938) Gideon v. Wainwright (1963) Argersinger v. Hamlin (1972)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor 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)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor 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)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor This case extended the right to appointed counsel for indigents in all felony cases. Gideon v. Wainwright (1963)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor 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)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. In re Gault (1967)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Defense of the Poor court assigned counsel public defender contract attorney Three Types of Programs

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Fee paid based on state rate (most widely used). Fee is usually low, raising questions about the level of commitment of defense attorneys. Roster of local attorneys who are willing to take cases under established fees. Court Assigned Counsel

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Uses full-time salaried attorneys. 28% of counties nationwide use this system exclusively. 64% of counties nationwide use public defenders as part of their system. Public Defender Program

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Local attorneys are maintained on contract to handle all cases. This is the least widely used form of indigent defense. Contract Attorneys

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ % of all money spent on criminal justice activities is used to pay for defense counsel for indigent offenders. Indigent Defense Representation

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Indigent Offender Representation Indigents are not required to accept counsel. They may waive their right and represent themselves. Faretta v. California (1975)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Indigent Offender Representation 1% of federally charged defendants represent themselves. 3% of defendants charged at the state level represent themselves.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 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

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Other Court Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Bailiff charged with ensuring order in the courtroom announces entry of judge calls witnesses Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Bailiff maintains control over the defendant if person has not been released on bail maintains physical custody of and supervises jury during deliberations and sequestering Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Local Court Administrators Facilitate the smooth running of courts in particular judicial districts Provide uniform court management Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Court Reporter Another name for court reporter is “court stenographer.” They create a written record of all court proceedings. Transcripts are necessary if an appeal is to be filed. Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Clerk of Court maintains all records of criminal cases and verdicts prepares jury pool and issues jury summonses subpoenas witnesses marks physical evidence for identification at trial swears in witnesses Professionals

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Expert Witness: … a person who has special knowledge and skills in an established profession or technical area. This person is usually a paid professional.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Outsiders Non-professional courtroom participants jurors victim defendant lay witnesses press

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Court held that a defendant may not be tried in abstentia, even if he/she was present at the beginning of the trial, where absence is due to escape or failure to appear. Crosby v. U.S. (1993)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Criminal Trials

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Stages in a Criminal Trial

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Criminal Trial Trial Initiation: Speedy Trial Cases Klopfer v. North Carolina (1967) Baker v. Wingo (1972) Strunk v. U.S. (1973) U.S. v. Taylor (1988) Doggett v. U.S. (1992)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Civil Disobedience Trail Duke University professor involved in protest against segregated facilities. Klopfer v. North Carolina (1967)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Civil Disobedience Trail There was a long delay in the trial. Court ruled that a speedy trial is a fundamental guarantee of the U.S. Constitution. Klopfer v. North Carolina (1967)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Court held that the 6 th Amendment guarantees the right to a quick trial. The 6 th Amendment can be illegally violated even if the defendant does not object to delays. Baker v. Wingo (1972)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ U.S. Supreme Court held that denial of a speedy trial should result in dismissal of all charges. Strunk v. U.S. (1973)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ U.S. Speedy Trial Act (1974) Phased in starting in 1974 and became fully operational in Prosecution must seek indictment or information within 30 days of arrest.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ U.S. Speedy Trial Act (1974) 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.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Drug dealer escaped following arrest. Court ruled that when delay is the result of actions by the defendant, the 70 day rule does not apply. U.S. v. Taylor (1988)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Defendant indicted on drug charges in Defendant left the country until 1982, when he returned. Doggett v. U.S. (1992)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Doggett lived openly in the U.S. until 1988 when he was re-arrested after a credit check revealed he was wanted. Court ruled that the trial should have started earlier and overturned the lower court’s conviction. Doggett v. U.S. (1992)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ “Even delay occasioned by the Government’s negligence creates a prejudice that compounds over time, and at some point, as here, becomes intolerable.” Doggett v. U.S. (1992)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Voir Dire Process Prospective jury members are called one at a time and are questioned by both the prosecution and defense to determine suitability to serve. Jurors are expected to be unbiased and free of preconceived notions about guilt or innocence. Jury Selection

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Jury Selection challenge to the array challenge for cause peremptory challenge Both the prosecution and defense can use challenges to remove prospective jurors from jury pool.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Challenge to the Array: … claims that the pool from which potential jurors are to be selected is not representative of the community. This type of challenge is made in a motion filed by the defense prior to voir dire.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Challenge for Cause: … claims that a prospective juror cannot be impartial or fair. Typically, each side has an unlimited number of such challenges. Courts have held that opposition to the death penalty may mean that a person cannot reach a conclusion based solely on the evidence.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 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.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Scientific Jury Selection: … the use of social science research techniques to select members of a jury. Focus groups and surveys are used to assess the likelihood that an individual will be predisposed to a particular outcome.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ opening statements by prosecution and defense presentation of evidence – first by prosecution and then by defense The Trial Process

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ testimony of witnesses: victims, police officers, defendant, specialists closing arguments by prosecutor and defense The Trial Process

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ judge’s charge to the jury jury deliberations and the verdict The Trial Process