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Dynamics Of Courthouse Justice

Dynamics Of Courthouse Justice. Chapter Five. Lawyers: Prosecutor Public Defender Private Defense Attorney Judge Law clerk. Court Support Staff: Clerk of Court Court Reporter Secretary Translator Court Administrator. Courthouse Actors . Law Enforcement: Court Security Staff

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Dynamics Of Courthouse Justice

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  1. Dynamics Of Courthouse Justice Chapter Five

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

  3. 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 Other Courthouse Actors

  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 • 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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