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Dynamics Of Courthouse Justice

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Presentation on theme: "Dynamics Of Courthouse Justice"— Presentation transcript:

1 Dynamics Of Courthouse Justice
Chapter Five

2 Courthouse Actors Lawyers: Court Support Staff: Prosecutor
Public Defender Private Defense Attorney Judge Law clerk Court Support Staff: Clerk of Court Court Reporter Secretary Translator Court Administrator

3 Other Courthouse Actors
Law Enforcement: Court Security Staff Sheriff’s Deputy Bailiff Corrections: Probation Officer Pretrial Services Drug Rehabilitation Programs Public Bail Agent Newspaper Reporter Defendant Victim Witness Jurors Rape Crises Center Child Advocate Court watchers Victim/Witness Assistance

4 Who Manages the Courts? Job varies from jurisdiction to jurisdiction
Most common variation include: Clerks of Court Chief Judges Court Administrators

5 Clerk of Court Responsibilities:
Docketing (Scheduling) cases Collecting fees Overseeing Jury Selection Maintaining court records Most operate semi-autonomously from the judge

6 Assembly-Line Justice
The operation of any segment of the criminal justice system with such speed and impersonality that defendants are treated as objects to be processed rather than as as individuals. This is due to the disparity between the number of cases vs the number of judges and the number of prosecutors, defense attorneys, and probation officers. Mass-production techniques are utilized.

7 Discretion The lawful ability of an agent of government to exercise choice in making a decisions. Three sub-components: Legal Judgments Policy Priorities Personal Philosophies

8 Legal Judgments Examples:
Prosecutor decides whether or not to file criminal charges Prosecutor decides which charge(s) to file Prosecution decides to utilize pre-trial diversion or probation

9 The Courtroom Workgroup
Mutual Interdependence Shared Decision Making Socialization Normal Crimes Rewards and Sanctions Variability

10 Delays in Court Delay: abnormal or unacceptable time lapses in the processing of cases. The American Bar Association (ABA) recommends that all felony cases should reach disposition within one year of filing. Court delay jeopardizes the 6th Amendment. Number of states have enacted speedy trial laws

11 Speedy Trial Issues Sixth Amendment Speedy Trial Act of 1974 (Federal)
Right to a speedy trial. Speedy Trial Act of 1974 (Federal) 30 days from arrest to arraignment 70 days form indictment to trial Barker v. Wingo The right to a speedy trial is relative, not absolute.

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