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Chapter 9

Chapter 9. Working in the Courtroom. The courtroom work group. The participants Prosecutor Defense attorney Judge Defendants, victims, and witnesses. The courtroom work group.

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Chapter 9

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  1. Chapter 9 Working in the Courtroom

  2. The courtroom work group • The participants • Prosecutor • Defense attorney • Judge • Defendants, victims, and witnesses

  3. The courtroom work group Different levels of jurisdiction and different levels of responsibility dictate different working arrangements among the participants in the courtroom work group.

  4. The courtroom work groupParticipants • Law enforcement • Court support staff • Corrections • The public

  5. ParticipantsLaw enforcement • Courthouse security officer • Sheriff's deputy • Bailiff

  6. ParticipantsCourt support staff • Clerk of the court • Court reporter • Court administrator

  7. ParticipantsCorrections • Probation officers • Pretrial services personnel • Rehabilitation specialists

  8. ParticipantsThe public • Bail agents • News reporters • Victim-witness program personnel • Child advocates

  9. The courtroom work groupProsecutor • The prosecutor functions as a major criminal justice system gatekeeper. • The prosecutor is powerful because the exercise of discretion rests with this office.

  10. ProsecutorFederal-level prosecution The US attorney general is a cabinet-level officer who is appointed by the president and confirmed by the Senate.

  11. ProsecutorFederal-level prosecution The attorney general's office is responsible for … • Executive direction & management offices • Litigation • Investigatory & law enforcement agencies • Policy & assistance offices

  12. ProsecutorFederal-level prosecution • Solicitor general • Department of Justice Criminal Division • US attorneys

  13. CrossCurrents Courtroom work groupProsecution or persecution? • The criminal justice process is not only about justice but about politics. • Law enforcement officers, prosecutors, and judges all have their own agendas in addition to pursuing justice.

  14. Federal-level prosecutionSolicitor general • Argues on behalf of the federal government in Supreme Court proceedings • Coordinates all the appeals of cases that went against the federal government in the lower courts

  15. Federal-level prosecutionDept. of Justice Criminal Division Coordinates the prosecution of all federal criminal statutes.

  16. Federal-level prosecutionUS attorneys • 93 US attorneys • Decide which criminal cases to prosecute • Defend the US in civil suits • Represent the US in the collection of debts owed to the federal government

  17. ProsecutorState-level prosecution • State attorney general • Chief prosecutor • Local prosecutors

  18. State-level prosecutionState attorney general • The chief legal officer for a state • Duties of this office are usually delineated in the state constitution. • Represents the state in legal actions in which the state is a party

  19. State-level prosecutionChief prosecutor • May be called the district attorney, the state attorney, or the prosecuting officer • Chief law enforcement officer for the community • The US has 2,000 chief prosecutors.

  20. State-level prosecutionLocal prosecutors • Based at the city/county level • Perform a wide range of duties concerned with either misdemeanor cases or preliminary felony cases

  21. ProsecutorThe prosecutor at work • Fighting • Negotiating • Drafting • Counseling • Administering

  22. The defense attorney • Protects the interests of the accused • The attorney who performs criminal defense work on a regular basis is part of the courtroom work group.

  23. CrossCurrents Courtroom work groupHow much justice can you afford? • Being accused of breaking the criminal law can be expensive. • Should attorneys’ fees be capped? • Should the state provide the best attorneys available to defendants who cannot afford them?

  24. The defense attorneyPrivate attorney/public defender • Assigned counsel • Contract systems • Public defender

  25. Private attorney/public defenderAssigned counsel In small jurisdictions with limited resources, the judge may assign a practicing member of the bar to represent defendants who lack the financial means to hire a private lawyer.

  26. Private attorney/public defenderContract systems Law firms bid for the business of all indigent defense work.

  27. Private attorney/public defenderPublic defender • A staff of full-time attorneys represents all indigent offenders. • Adopted by most large jurisdictions.

  28. The courtroom work groupJudge • Signs search warrants • Informs defendants of charges • Appoints counsel • Sets bail • Takes pleas

  29. The courtroom work groupJudge • Rules on motions • Participates in plea bargains • Presides at trials • Passes sentences

  30. JudgeJudicial Selection • Executive appointments • Election of judges • Merit selection

  31. Judicial SelectionExecutive appointments • Federal level judges are nominated by the president and confirmed by the Senate. • For US district court judges, state senators are usually consulted as a courtesy. • At the state level, governors have more effect on judge selection.

  32. Judicial SelectionElection of judges Nearly half of the states elect judges.

  33. Judicial SelectionMerit selection • Also called the Missouri Bar Plan • A judicial nominating commission presents a list of qualified candidates to the governor, who makes the final decision.

  34. The courtroom work groupDefendants, victims & witnesses Defendants, victims, and witnesses bring varying degrees of experience to the court.

  35. Defendants, victims & witnessesVictim-witness programs • Crisis intervention • Follow-up counseling • Personal advocacy • Employer and landlord intervention • Property return • Intimidation protection

  36. Defendants, victims & witnessesVictim-witness programs • Referral • Court orientation • Court transportation and escort • Public education & legislative advocacy

  37. Pretrial release decisions • Cash bond • Property bond • Release-on-recognizance • Bail agent

  38. CrossCurrents Pretrial release decisionsBounty hunters • Most states have few or no regulations governing bounty hunters. • Bounty hunters are legally considered to be acting by private contract rather than enforcing government laws. • More states are now pursuing or have enacted legislation to regulate bounty hunters.

  39. Questions • Who else can be found in courtrooms besides judges, attorneys, plaintiffs, and defendants? • Why is the prosecutor so powerful? • What are the two views the public has of defense attorneys?

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