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CHAPTER THREE

Explore the various roles, authority and influence relationships, common goals, and work techniques within the courtroom work group, and understand the impact of disruptions on group dynamics.

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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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