1. THE COURTROOM WORKGROUP II:
PROCESS AND PARTICIPANTS

2. AGENTS INVOLVED IN THE CJS
Prosecutor
Defense Attorney
Judge
Jurors
Witnesses
Victim
Families, friends
Clerk
Recorder
Police
Etc…

3. PROCESS: CHARGING Arrest Police bring charges
Prosecutor makes charging decision
Leave them the same
Drop them
Add more charges or increase severity of charge
Drop some charges or reduce charge

4. PROCESS: JURISDICTION DETERMINATION
Federal vs. state
Between states (parts or all of a crime in multiple states)
Defendants can be tried in both federal and state courts or in multiple states – not a violation of 5th Amendment double jeopardy clause
Rare

5. PROCESS: PRETRIAL (Initial Appearance)
Review of charges
Defendant advised of rights
Bail set
Possible arrangement of attorney for defendant

6. PROCESSES: PRETRIAL (Arraignment)
Preliminary hearing: prosecutor must present sufficient evidence to judge that defendant has committed crime
Grand Jury: jury of citizens sees prosecutor’s presentation of evidence and makes determination as to whether there is sufficient evidence to proceed to trial
If sufficient evidence, defendant is arraigned (formally charged)
At arraignment, defendant issues plea: Guilty (sentence), Not Guilty (trial), Nolo Contendre

7. PROCESSES: PRETRIAL (Motions)
Discovery
Suppression
Change of Venue
Continuance
Dismissal
Etc.

8. PROCESSES: PRETRIAL (jury selection)
Voir dire – questioning of prospective jurors (general to group or specific to individuals)
Jury pool – random selection
For-cause challenges – unlimited (e.g., acquainted with party in case, refusal to be unbiased, etc.)
Peremptory challenges – limited number, both sides
85% of cases won in this phase
Capital cases: death-qualified (SC – this is constitutional)

9. PROCESSES: TRIAL (Opening Statements)
Begin with prosecutor
Defense may waive
Explains specific charges
Outlines evidence that will be introduced
Refer to other side’s case

10. PROCESSES: TRIAL (Witnesses and Evidence)
Prosecution begins – goes through all witnesses and evidence
Rules of evidence must be followed (objections raised during trial; appealable)
Closes
Then, defense (Motion to Dismiss)
May simply state that prosecution does not have sufficient evidence and not present a case
Prosecution may rebut

11. PROCESSES: TRIAL (Closing Statements, etc.)
Prosecutor first, then defense
Charge to jury
Summary of legal principles
Standard of evidence for conviction
Weight jury can give to evidence
Jury deliberation
Verdict
Not guilty (defendant released)
Guilty (Sentencing date set)
Hung jury (may have further deliberation, re-try case from beginning, opt not to re-try the case)

12. PROCESSES: TRIAL (Sentencing)
Judge approves all sentences
Capital cases: bifurcated system
Statutory sentencing guidelines in all states

13. DETERMINING THE CHARGES: POLICE AND PROSECUTOR
Due process: reasonable belief that accused committed the crime(s)
Prosecutorial discretion: whether to charge, what to charge, evidence to present at arraignment
Cooperation between police and prosecutor

14. DISCRETION AT PRE-TRIAL PROCEEDINGS (Bail)
Pre-trial release; innocent until proven guilty
8th Amendment – no excessive bail, but no explicit guarantee of bail
What is excessive?
When can bail be denied? Public safety, flight risk…
Does bail discriminate against the poor? Bondsmen system

15. DISCRETION AT PRE-TRIAL PROCEEDINGS: Competency to Stand Trial
Judge makes determination
Temporary
NGRI – affirmative defense before trial

16. DISCRETION AT PRE-TRIAL PROCEEDINGS: Plea Bargaining
Not desirable to victim, police
Prosecutor considerations: Use of resources (time and cost); community interest with use of resources; benefit of guilty verdict; clearing cases; questionable confidence in case (e.g., witness bailing)
Can be initiated by either side at any point prior to verdict
Seldom involves victim
Judge must approve plea bargain; sentence

17. SIXTH AMENDMENT: RIGHT TO SPEEDY TRIAL
Speedy is undefined (relative to case)
Federal cases: 100 days from time of arrest (deadlines in between)
Only applied to federal courts until 1967
Klopfer v. NC
1973 – SC provided remedy to defendants denied right to speedy trial

18. RULES OF EVIDENCE Vary by state
Objection should be raised during trial
Basis for appeal