CHAPTER

1. CHAPTER 8 The Courtroom Work Group and the Criminal Trial

2. The Courtroom Work Group: Professional Courtroom Actors

3. Professional (the courtroom workgroup) Judge Prosecuting attorney Defense attorney Bailiff Court reporter Clerk of the court Expert witnesses Non-Professional Lay witnesses Jurors Defendant Victim Spectators Press Courtroom Participants

4. Primary duty  to ensure justice Responsibilities include: Ruling on most matters of the law Weighing objections Deciding the admissibility of evidence Sentencing offenders Disciplining disorderly courtroom attendees Deciding guilt or innocence (for bench trials) The Judge

5. Thechief judge handles administrative responsibilities if there is no court administrator. The chief judge: Hires staff Ensures adequate training of new judges and staff Generally manages court operations The Judge

6. Federal Judges Nominated by President Confirmed by senate State Judges Popular election Gubernatorial appointment Missouri Plan (combines appointment and election) Judicial Selection

7. Non-partisan committee creates a list of possible candidates. The governor appoints from the list. After a specified time period, the appointed judge stands for election. Missouri Plan

8. Judges: Qualifications • At general and appellate levels, judges • must: • Be a member of the state bar • Be a licensed attorney • Hold a law degree (in most states) • Attend professional training In some lower courts, judges may be elected without educational or other professional requirements.

9. Prosecuting Attorney Prosecutors are also referred to as: solicitor, district attorney, state’s attorney, county attorney, or commonwealth attorney. Federal prosecutors are called U.S. Attorneys.

10. Prosecutors can be elected or appointed. All but five states elect prosecutors. Prosecutors are elected for four-year terms. Five states and the federal government appoint their prosecutors. Prosecutor

11. Present the state’s case against the defendant State has the burden of proof Supervise staff of assistant district attorneys Serve as quasi-legal advisor to police Files appeals on behalf of the state Makes presentations to parole boards Prosecutor’s Responsibilities

12. …decision-making power, based on the wide range of choices available to them. Prosecutorial Discretion

13. Prosecutor decides: Whether or not to charge someone with a crime Which charges are to be filed against the defendant Whether multiple charges should be filed together or separately When to schedule cases for trial Whether or not to accept a negotiated plea What evidence to present, including witnesses What sentencing recommendations to make Prosecutorial Discretion

14. Brady v. Maryland (1963) The U.S. Supreme Court held that the prosecution is required to disclose to the defense any exculpatory evidence in its possession that directly or indirectly relates to claims of either guilt or innocence. Disclosure of Evidence

15. U.S. v. Bagley (1985) The Court ruled that the prosecution must disclose any evidence in its possession that the defense requests. To withhold evidence, even when it does not directly relate to issues of guilt or innocence, may mislead the defense into thinking that such evidence does not exist. Disclosure of Evidence

16. Imbler v. Patchman (1976) “State prosecutors are absolutely immune from liability…for their conduct in initiating a prosecution and in presenting a State’s case.” Burns v. Reed (1991) A “state prosecuting attorney is absolutely immune from liability for damages…for participating in a probable cause hearing, but not for giving legal advice to the police.” Prosecutorial Liability

17. Abuse of Discretion • Not prosecuting friends • Accepting guilty pleas or reduced charges for personal consideration • Overzealous prosecution to gain visibility for possible re-election • Scheduling activities to make life difficult for defendants, in an attempt to put pressure on them to plead guilty • Discrimination against minorities • Withholding exculpatory evidence Prosecutors may abuse their discretion by

18. The Prosecutor’s Professional Responsibility Prosecutors are expected to abide by various standards of professional responsibility, such as those found in the American Bar Association (ABA) Model Rules of Professional Standards. Prosecutors are barred from advocating any fact or position they know is untrue.

19. The defense counsel is a lawyer who: Represents the accused Participates in plea negotiations Prepares a defense Calls witnesses Refutes cases presented by prosecutor Presents arguments at time of sentencing Files appeals Defense Counsel

20. Three Major Categories of Defense Counsel

21. Criminal Defense of the Poor The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the effective assistance of counsel. Defendants who are unable to pay for private defense attorneys will receive adequate representation at all stages of criminal justice processing.

22. The Court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with acapitaloffense. Powell v. Alabama (1932)

23. The U.S. Supreme Court established the right of indigent offenders to have legal counsel appointed for them inall federal cases. Johnson v. Zerbst (1938)

24. This case extended the right to appointed counsel for indigents in all felony cases. Gideon v. Wainwright (1963)

25. The U.S. Supreme Court extended the right of indigent offenders to have legal representation in any case where they could lose their liberty (including misdemeanor cases). Argersinger v. Hamlin (1972)

26. The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. In re Gault (1967)

27. Defendants in state courts who are facing relatively minor charges must be provided with an attorney at government expense even when they face only the slightest chance of incarceration. Alabama v. Shelton (2002)

28. Criminal Defense of the Poor Three Types of Programs Court-assigned counsel Public defender Contract attorney

29. Fee paid based on state rate (most widely used). Fee is usually low, raising questions about the level of commitment of defense attorneys. Roster of local attorneys who are willing to take cases under established fees. Court-Assigned Counsel

30. Uses full-time salaried attorneys. 28%of counties nationwide use this system exclusively. 64% of counties nationwide use public defenders as part of their system. Public Defender Program

31. Local attorneys are maintained on contract to handle all cases. This is the least widely used form of indigent defense. Contract Attorneys

32. Criticisms relate to funding, caseload, and quality of defense. Criticisms of Indigent Defense System

33. 1% of federally charged defendants and 3% of state level defendants represent themselves. Faretta v. California (1975) Indigents are not required to accept counsel. They may waive their right and represent themselves. Waiving the Right to an Attorney

34. Defendants who are not pleased with their provided lawyer can request a new one, but the court must determine that there is a “clear reason” for reassignment. Requesting a Different Attorney

35. State-supported indigent defense systems may also be called on to provide representation during appeals. If an attorney believes that such an appeal would be frivolous, he or she can request to be withdrawn from the case. Appeals and Indigent Defense

36. The Ethics of Defense • Canons of Professional Ethics • Model Code of Professional Responsibility • Model Rules of Professional Conduct • Standards for Criminal Justice ABA Ethical Guidelines

37. The bailiff is a law enforcement officer who: Ensures order in the courtroom Announces the judge’s entry Calls witnesses Maintains control over the defendant if the person has not been released on bail Maintains physical custody of and supervises jury during deliberations and sequestering Bailiff

38. Many states employ court administrators: Facilitate the smooth running of courts in particular judicial districts Provide uniform court management Local Court Administrators

39. The court reporter, also called the stenographer or court recorder, creates a written record of all court proceedings. Transcripts are necessary for appeals. Court Reporter

40. The duties of the clerk of court include: Maintaining all records of criminal cases and verdicts Preparing the jury pool and issuing jury summonses Subpoenaing witnesses Marking physical evidence for identification at trial Swearing in witnesses Clerk of Court

41. Expert Witness Expert witnesses have special knowledge and skills in an established profession or technical area. Usually, this person is paid to testify. Unlike lay witnesses, they may express opinions and draw conclusions in their testimony.

42. Outsiders: Nonprofessional Courtroom Participants

43. Non-expert witnesses are called lay witnesses. They may be: Eyewitnesses Character witnesses Victim Lay witnesses are subpoenaed to testify to that which they have direct knowledge of. Lay Witness

44. Article III of the U.S. Constitution “trial of all crimes…shall be by jury” States determine the number of jurors. Most use 12, plus 2 alternates. Jury duty…a civic responsibility Jurors

45. Defendants have the right to have their cases heard before a jury of their peers. Peer juries are those composed of a representative cross-section of the community. Peer Juries

46. In 2005, the American Bar Association released a set of 19 principles intended to guide jury reform…to improve treatment of jurors and modernize the system. Jury Reform

47. Not all crimes have clearly identifiable or surviving victims. Victims often face hardships as they participate in the court process. The Victim

48. Generally, they must be present at trial. Defendants exercise choice in: Selecting and retaining counsel Planning a defense strategy with counsel Deciding what information to provide counsel Deciding what to plea Deciding whether or not to testify Determining whether or not to file an appeal The Defendant

49. Spectators and the press may be present at trial; with more at higher-profile cases. The right of reporters to be there is supported by the Sixth Amendment’s requirement of a public trial. Most state courts allow cameras in the courtroom…for television coverage. Spectators and the Press

50. The Criminal Trial