The Courtroom Work Group and the Criminal Trial

1. The Courtroom Work Group and the Criminal Trial

2. 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

3. 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

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

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

6. Judges: Qualifications • At general and appellate levels, judges • must: • Be a member of the state bar • Be a licensed attorney (for 10 years) • Hold a law degree (in most states) • Attend professional training

7. Prosecuting Attorney Prosecutors are also referred to as: district attorney. Federal prosecutors are called U.S. Attorneys.

8. County prosecutors are elected in California Prosecutors are elected for four-year terms. They hire “Deputy” District Attorneys. Five states and the federal government appoint their prosecutors. Prosecutor

9. 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

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

11. 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

12. 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

13. 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

14. 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

15. 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

16. The Prosecutor’s Professional Responsibility Prosecutors (as with all attorneys) 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.

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

18. Three Major Categories of Defense Counsel

19. 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.

20. 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)

21. 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)

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

23. 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)

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

25. 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)

26. 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

27. 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

28. 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

29. 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

30. Many states employ court administrators: Facilitate the smooth running of courts in particular judicial districts Provide uniform court management They are not Judges and usually are not lawyers. Local Court Administrators

31. 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

32. 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

33. 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.

34. Outsiders: Nonprofessional Courtroom Participants

35. 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

36. 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

37. Not all crimes have clearly identifiable or surviving victims. The Victim

38. 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

39. 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

40. The Criminal Trial

41. The Nature and Purpose of the Criminal Trial • The trial process is highly formalized and governed by rules of evidence and other procedural guidelines, as well as informal rules and professional expectations. • The purpose is to determine the defendant’s guilt or innocence.

42. Factual Guilt The defendant is actually responsible for the crime of which he is accused. Legal Guilt The defendant is found guilty as charged. Factual vs. Legal Guilt

43. The philosophy of the adversarial system is that the most just outcomes will occur when both sides are allowed to argue their cases effectively and vociferously before a fair and impartial jury. Adversarial System

44. There are eight stages of a criminal trial. Trial initiation Jury selection Opening statements The presentation of evidence Closing arguments The judge’s charge to the jury (instructions) Jury deliberations The verdict Stages in a Criminal Trial

45. Trial Initiation and the Speedy Trial • The Sixth Amendment guarantees that in “all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”

46. Federal Speedy Trial Act (1974) • Prosecution must seek indictment or information within 30 days of arrest. • Trial must begin within 70 days after indictment. • Trial start can extend to 180 days if the defendant is not available or if witnesses cannot be called within the 70- day limit.

47. State Speedy Trial Acts • Many states have enacted their own speedy trial legislation. • Most set a limit of 90 or 120 days as a reasonable period of time for a trial to begin.

48. The Sixth Amendment guarantees the right to an impartial jury. Jurors are expected to be unbiasedandfree of preconceived notions about guilt or innocence. Prosecution and defense attorneys question potential jurors during the process of voir dire. Jury Selection

49. Jury Selection: Ensuring Impartiality Both the prosecution and defense can use challenges to remove prospective jurors from the jury pool. • Challenge to the array • Challenge for cause • Peremptory challenge

50. Challenge to the Array • Claims that the pool from which potential jurors are to be selected is not representativeof the community. • Argued in a motion before voir dire.