PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 11 Trial: Role of Major Participants This chapter examines Role of major participants in the trial Trial judge Prosecutor Defense counsel Court reporter Bailiff Adversary system Role of the victim in the trial

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Adversary System Our system of justice is based on the adversary system. There are two sides; prosecution and defense. Trial judge acts as the referee. Both sides should come to trial on an equal footing.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Trial Judge Presides over the trial. Most state judges are elected. Federal judges are appointed by the president with the advice and consent of congress.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Duties of Trial Judge Primary reasonability for seeing that justice is carried out. In jury trial, trial judge makes rulings on all legal issues and the jury makes findings on what are the facts involved. Conduct the court in a fairly and orderly manner.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Contempt of Court Contempt—an act that is disrespectful to the court or adversely affects the administration of justice. Direct contempt—acts that generally take place in the presence of the judge–trial judge may summarily punish the offender. Indirect contempt—acts that generally take place out of the presence of the judge—in most cases, requires a due process hearing before punishment may be imposed.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Victim The forgotten party to the trial Many states have adopted victim’s rights legislation that require the prosecutor to inform and consult with the victim before plea bargaining or making other importation decisions regarding the disposition of the case.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Prosecutor Primary duty of the prosecutor is to promote justice. Other duties include Drafting official charges Filing the case with the court or grand jury Prosecuting the case Represents the state or nation

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Defense Counsel Has the primary duty of representing the defendant within the legal limits of the law. Required to use his or her skills to protect the rights of the accused even if the accused is guilty.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Privileged Communications Defendant should have a right to freely discuss the case with his or her counsel. Privileged communications do not cover statements by defendant as to future criminal acts, only past acts. Robert Garrow