1. CJ in the USA: Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

2. Upon completion of this Module, the student will be able to:  Explain the role and selection of the jury  Describe the roles of the prosecutor and defense attorney  Define the role of the judge  Explore the role of the probation officer in the court system  Provide the procedures followed at trial Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

3. Introduction  The court system is where disposition of crimes or alleged crimes are made The major components of court process are The prosecutor The defense attorney The judge The jury Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

4. The Prosecution  The prosecution represents the people in a criminal case, and may be represented by any of the following parties: District attorney County attorney State’s attorney Attorney General (federal level) Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

5. The Prosecution  Investigation Work with police by reviewing evidence, preparing search warrants Preserve defendant’s rights when violated Prepare the arrest warrant based on information gathered by police Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

6. The Prosecution  Charging Decision The prosecutor makes the decision on whether or not to charge a suspect with a crime and which crime to charge Can utilize a lesser charge for a number of reasons: Mercy Efficiency To secure testimony Shaky evidence Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

7. The Prosecution  Initiating the Case Initial appearance done “without unnecessary delay” Grand jury In both federal and many state courts Proceedings are secret Preliminary hearing Burden of proof – probable cause Prosecution presents evidence, call witnesses, examine evidence Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

8. The Defense  The defense attorney may be A privately paid attorney A public defender Appointed counsel  Required to zealously represent the client within the limits of the law Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

9. The Defense  Due Process Ensures defendant’s Bill of Rights are upheld, particularly: Fourth Amendment: Search and seizure Fifth Amendment: Self incrimination Sixth Amendment: Right to counsel Eight Amendment: Cruel and unusual punishment Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

10. The Defense  Trial Preparation Conversation with client are protected by attorney-client privilege Develops the “theory of the case” and determines the defense to use Investigates the case Plea bargaining with the prosecutor (when necessary) Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

11. The Defense  Witnesses Defense attorney identifies and interviews Exculpatory witnesses Character witnesses Expert witnesses Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

12. The Judge  Responsible for ensuring that all court proceedings are just and fair In charge of both the courtroom and the progress of the case Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

13. The Judge  Judge decides issues of law and procedures, as well as the following: Evidence Witnesses/questioning Scheduling Bail Order Jury and jury instructions Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

14. The Jury  Sixth Amendment Guarantees a criminal defendant a trial by an impartial jury  Jury Pool Consists of a cross section of the adults in the community Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

15. The Jury  Jury Selection Begins with voir dire – questioning of potential jurors by both prosecutor and defense Two kinds of challenges the attorneys may make: Challenge for cause Peremptory challenge Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

16. The Jury  Function of the Jury To listen to the witness’ statements and evidence To determine the facts of the case To apply those facts to the law as instructed by the judge  Determining the law is the responsibility of the judge. Determining the facts in the case is the responsibility of the jury. Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

17. The Jury  Function of the Jury If the jury finds the prosecution has proved every element of the crime beyond a reasonable doubt, they must find the defendant “guilty” If the jury decides the prosecution has failed to prove any element of the crime beyond a reasonable doubt, the defendant must be found “not guilty” Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

18. General Courtroom Procedure  Courtroom procedure is fairly standard throughout the United States Opening Statements Prosecutor outlines theory of the case and the evidence that will be presented Defense has options when to make opening statement  The defense does not have to prove anything – must only plant doubt about the prosecution’s theory Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

19. General Courtroom Procedure  Examination Prosecution calls witnesses and conducts direct examination A direct question requires the witness to supply an answer Defense attorney may conduct cross- examination, asking leading questions The attorney supplies the information and the witness can only confirm or deny Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

20. General Courtroom Procedure  Objections Either attorney can raise objections at any time Most common objections are Hearsay Relevance Prejudice Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

21. General Courtroom Procedure  Closing Arguments Each attorney reviews the evidence to emphasize points of guilt or innocence, or inconsistencies in the evidence Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

22. General Courtroom Procedure  Jury Instructions Explanation of the law(s) that apply to case, its interpretation and the elements of the crime charged May discuss the definition of reasonable doubt Failure to properly instruct jury could lead to reversal on appeal Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

23. General Courtroom Procedure  Jury Deliberations The final task of the jury – members use their judgment to reach a verdict of guilty or not guilty based on evidence presented in court Deliberations are conducted behind locked doors and kept in secrecy Jury foreperson unveils the verdict to the court Required to make a unanimous or near unanimous verdict, depending on the state Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

24. Sentencing  Judge’s responsibility, in most cases Indeterminate sentencing Determinate sentencing Pre-sentencing report  Appeal The appellate court does not reexamine the facts in the case, but reviews the court proceedings to make sure there were no errors made, and that the defendant was treated fairly in the original trial Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.

25. Summary  The court order is the facet of the criminal justice system that determine the fate of the defendant after being charged with a crime.  There are specific Constitutional rules that must be followed to protect the rights of the defendant.  The key players vital to the court system: Copyright 2011 Curriculum Technology, LLC. All Rights Reserved. Jury Correction officers Prosecution Defense Judge