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CHAPTER THREE

CHAPTER THREE. THE COURTROOM WORK GROUP. Introduction. Courts are comprised of many individuals and groups These groups have highly interdependent roles. The Work Group Core. Consists of judges, prosecutors, and defense attorneys Regular and ongoing relationships

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CHAPTER THREE

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  1. CHAPTER THREE THE COURTROOM WORK GROUP

  2. Introduction • Courts are comprised of many individuals and groups • These groups have highly interdependent roles

  3. The Work Group Core • Consists of judges, prosecutors, and defense attorneys • Regular and ongoing relationships • Variety of interaction times and places • Different roles allow for efficient case processing

  4. Judges • Issue arrest and search warrants • Make probable cause determinations • Grant or deny bail • Preside over initial appearances and hearings • Rule on pretrial motions • Preside over trial

  5. Prosecuting Attorneys • Legal advisors to law enforcement • Represent the State in criminal cases • Participate in jury selection • Give opening and closing arguments • Call State witnesses and cross-examine defense witnesses

  6. Defense Attorneys • May be privately retained or appointed • Ensure that the defendant’s rights are protected • Defend their client throughout the criminal proceedings

  7. Other Work Group Actors • Law Clerks • Court Clerks and Administrators • Jurors • Witnesses • Police Officers • News Media

  8. Characteristics of the Work Group • Exhibit authority relationships • Display influence relationships • Held together by common goals • Have specialized roles • Use a variety of work techniques • Engage in a variety of tasks • Have different degrees of stability and familiarity

  9. Courtroom Work Group • Core Members • Judges, prosecutors, and defense attorneys • Frequent participation in courtroom processes • Common demographic characteristics • Professional backgrounds • Common perspective on court operations • Regular Members • Law enforcement, expert witnesses, news media • Frequent, but not daily courtroom participation • Occasional Participants • Jurors, crime victims, litigants • Infrequent courtroom participation • Diverse training, values, and orientations

  10. Authority Relationships • Judges are the rulers of the courts • Reflected in the judge’s attire, courtroom design, and the way they are addressed • Limits on a judge’s authority • Attorneys’ discretion • Budgetary control • Jurisdiction • Sentencing guidelines • Appeals

  11. Influence Relationships • All work group members influence and are influenced by other members • Different bases of power and areas of knowledge • Judges have formal authority and direct the actions of the court • Prosecutors have superior case knowledge and discretion about what goes to trial • Defense attorneys may interview witnesses, obtain evidence through discovery, and file pretrial motions

  12. Common Goals • Doing Justice • Maintaining Group Cohesion • Disposing of the Case Load • Reducing Uncertainty

  13. Specialized Roles • Judges • Respond to motions throughout trial • Demonstrate impartiality • Prosecuting Attorneys • Represent the State and its interests • Must not obstruct the efforts of the defense, but there is no obligation to aid the defense • Defense Attorneys • Represent the defendant’s interests to the greatest degree possible

  14. Work Techniques • Knowledge gives group members different types of power and influence • Interaction techniques • Unilateral decisions • Adversarial proceedings • Negotiations

  15. Work Group Tasks • Initial Appearance • Preliminary Hearing • Grand Jury Indictment or Criminal Information • Arraignment • Pretrial Motions • Trial Procedures

  16. Stability and Familiarity • Stability creates close and long-term relationships • Small groups lead to closer interactions • Results of greater familiarity • Better negotiations • Less reliance on formalities • More utilization of informal arrangements • Creates the foundation for cooperative relationships

  17. Group Interactions • Judges • Develop relationships with attorneys • Exert influence over cases and plea bargaining • Prosecutors • Operate from a position of power • Dynamic tension with judges and defense attorneys • Defense Attorneys • Must “sell” a deal to their client • May stall the case progress

  18. Disruptions to Group Goals • Outside factors may alter group dynamics and interactions • Changes in sentencing laws • California’s “Three Strikes Law” • Changed the relationships of courtroom work group members • Disrupted work efficiency • Made case prediction difficult

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