9 CHAPTER The Courts: Structure and Participants CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

America’s Dual Court System The United States has courts on both the federal and state levels. This dual system reflects the state’s need to retain judicial autonomy separate from the federal government. Most criminal cases originate within state courts. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Jurisdiction The jurisdiction of a court refers to those cases in which it may exercise lawful authority Determined by statute or constitution CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Development of State Courts CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Early Court Systems Each colony had its own court system. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Massachusetts Bay Colony ** 1629—Massachusetts Bay Colony created a General Court, which combined legislative and judicial duties. (one of the earliest established General Courts) ** 1639—County courts were established in the outlying areas. The General Court became primarily a court of appeal.

Pennsylvania Referee System ** Early system based on belief that “Every man could serve as his own lawyer.” Common peacemakers served as referees in disputes. Their decisions were binding. This system is similar to our modern day use of mediation to settle disputes. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Early Court Systems By 1776 all colonies had fully functioning courts, but there was a lack of “trained” lawyers. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Early Court Systems Prior to 1776 Most colonies restricted the number of lawyers allowed to practice. Between 1695 and 1769, New York allowed only 41 lawyers to practice law. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Early Court Systems Structure of colonial courts were not uniform. Initially, most states made no distinction between original and appellate jurisdiction. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Original vs. Appellate Jurisdiction Original Jurisdiction … the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts. …may be over a specific geographic area or over particular types of cases. Appellate Jurisdiction …the lawful authority of a court to review a decision made by a lower court. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Federal Judiciary Act of 1789 3-Tier Model for Court System Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Court Systems Today Many differences among state courts. Most use the three-tiered structure. Court reform movement seeks to simplify and unify court structures. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

A Typical State Court System CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Trial Courts Where criminal cases “begin.” Bail hearings Arraignments Enters pleas Conducts trials Sentences Two types of trial courts: Courts of limited, or special, jurisdiction (lower courts) Courts of general jurisdiction CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Trial Courts: Courts of Limited Jurisdiction Authorized to hear: Misdemeanors Family disputes Traffic violations Small claims CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Trial Courts: Courts of Limited Jurisdiction Lower courts: Rarely hold jury trials Do not maintain detailed records of proceedings (just charge, plea, finding, and sentence) Less formal than higher courts CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Trial Courts: Courts of General Jurisdiction Also called: high courts, circuit courts, or superior courts. Formal courts that make full use of juries, witnesses, prosecutors, defense attorneys, and other actors. Authorized to hear: Any criminal case Lower court appeals Trial de novo CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Adversarial Process ** …pits the interests of the state, represented by prosecutors, against the accused, represented by defense counsel, in a process constrained by procedural rules specified in law and by tradition. (adversarial system) CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Appellate Courts 39 states have intermediate and high-level appellate courts (courts of last resorts). All states have supreme courts. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Appeals Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court. Some cases (involving death penalty or life sentences) are automatically appealed. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Appeals: The Process Appellate court reviews transcripts from lower trial courts and may allow for lawyers from both sides to make oral arguments. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Appeals: The Results ** Most convictions are confirmed. ** Some decisions are reversed and cases remanded. Recourse may be to a state supreme court. Generally, state supreme court is the court of last resort. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Appeals: Moving to the Federal System Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the U. S. Constitution. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Keeney v. Tamayo-Reyes (1993) “A respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state court proceedings.” “It is hardly a good use of scarce judicial resources to duplicate fact-finding in federal court merely because petitioner has negligently failed to take advantage of opportunities in state court proceedings.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Herrera v. Collins (1993) ** Evidence of innocence is no reason for a federal court to order a new trial if constitutional grounds are lacking. ** “Where a defendant has been afforded a fair trial and convicted of the offense for which he was charged, the constitutional presumption of innocence disappears.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Court Administration State Court Administrators manage the operational functions of the court. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

State Court Administrator’s Duties ** Prepare, present, oversee court system’s budget Analyze court case flow and determine allocation of personnel and how to streamline cases Gather and present statistics Serve as liaison between legislators and court Develop and coordinate funding requests Manage court personnel (promotions, benefits) Coordinate plans to train judges and other support personnel Assign judges to judicial districts Review payments to counsel for indigent defendants Also, coordinate between state court levels and jurisdiction (other authorities in jurisdiction) CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Dispute Resolution Centers Offer a way to resolve disputes without a formal hearing Over 200 programs nationwide Frequently staffed by volunteers May or may not be run by the courts Central feature of restorative justice CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Community Courts Low level courts focusing on quality- of-life crimes that erode neighborhood morale Emphasize problem solving rather than punishment Build on restorative principles such as community service and restitution CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Federal Court System CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Federal Court System Established by the U.S. Constitution Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Jurisdiction of Federal Courts Article III, Section 2 Federal courts are to have jurisdiction over cases arising under the Constitution, federal law, and treaties. Federal courts are to settle disputes between states and to have jurisdiction in cases where one of the parties is a state. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Structure of Federal Court System Three Levels of Courts U.S. Supreme Court U.S. Courts of Appeals U.S. District Courts CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Federal Court System CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. District Courts ** There are 94 judicial districts ** At least 1 district court per state District courts in Puerto Rico, the District of Columbia, and other U.S. Territories CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. District Courts …the trial courts of the federal system …original jurisdiction over all cases involving alleged violations of federal statutes CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

District Court Judges There are 650 district court judges. Appointed by the President and confirmed by the Senate Serve for life Assisted by magistrate judges, who: Conduct arraignments Set bail Issue warrants Try minor offenders CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. Courts of Appeal: Circuit Courts There are 13 U.S. Courts of Appeals The 94 judicial districts are organized into 12 regions (circuits) Each region has 1 Circuit Court 1 U.S. Court of Appeals for the Federal Circuit CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. Circuit Courts of Appeal CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. Courts of Appeal: Circuit Courts 167 appeals court judges Review cases on appeal from U.S. district courts and trial-level federal courts Mandatory jurisdiction over decision of appealed district court cases CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Right to Appeal The Constitution guarantees a right to appeal. A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal. Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court. An automatic appeal only occurs for those sentenced to the death penalty. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. Supreme Court CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The U.S. Supreme Court consists of nine justices: Eight Associate Justices One Chief Justice Justices are nominated by the President, confirmed by the Senate, and serve for life. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Jurisdiction of the U.S. Supreme Court Original jurisdiction Limited Reserved for disputes between states and some cases of attorney disbarment Appellate jurisdiction Reviews the decisions from U.S. Courts of Appeals and state supreme courts CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

U.S. Supreme Court: Appeals Of 5,000 annual requests for review, only about 200 are heard. Four justices must vote in favor of a hearing for a case to be heard. Usually the Court only reviews cases that involve a substantial federal question. The Court issues a writ of certiorari to a lower court. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Writ of Certiorari … a writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

It is probably the U.S. Supreme Court’s greatest power. Judicial Review … the power of a court to review actions and decisions made by other agencies of government. It is probably the U.S. Supreme Court’s greatest power. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Formally established Court’s power of judicial review. Marbury v. Madison (1803) Formally established Court’s power of judicial review. The U.S. Supreme Court established the Court’s authority as final interpreter of the U.S. Constitution by declaring “it is emphatically the province of the judicial department to say what the law is.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Opinions of the Court Supreme Court decisions are rarely unanimous. Types of opinions: Majority—Justices agree in outcome and reasoning. This is the opinion of the court. Concurring—Agree with outcome, but for different reasons. Dissenting—Disagree with outcome. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Courtroom Work Group CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Courtroom Participants Professional Judge Prosecuting attorney Defense attorney Bailiff Court reporter Clerk of the court Expert witnesses Non-Professional Lay witnesses Jurors Defendant Victim Spectators Press CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Judge ** Primary duty  to ensure justice Responsibilities include: Setting and revoking bail * Determining probable cause * Ruling on most matters of the law Weighing objections Deciding the admissibility of evidence Accepting guilty pleas & sentencing offenders* Disciplining disorderly courtroom attendees Deciding guilt or innocence (for bench trials) CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Judge The chief 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Judicial Selection ** Federal Judges State Judges Nominated by President Confirmed by senate State Judges Popular election Gubernatorial appointment Missouri Plan (combines appointment and election) CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Missouri Plan ** Non-partisan committee creates a list of possible candidates. Final list sent to governor’s office. The governor appoints from the list. After a specified time period, the appointed judge stands for election. This is the merit plan suggested by the ABA to select judges. **

Judges: Qualifications At general and appellate levels: Be a member of the state bar Be a licensed attorney Hold a law degree (in most states) Attend professional training CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Prosecutor All but five states elect prosecutors. Prosecutors are elected for a four-year term. Five states and the federal government appoint their prosecutors. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Prosecutor’s Responsibilities 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Prosecutorial Discretion ** …decision-making power, based on the wide range of choices available to them. Prosecutor’s have a lot of discretion but are guided by the ABA’s Code of Professional Responsibility. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Prosecutorial Discretion ** Prosecutor decides: Whether or not to charge someone with a crime (this decision is not reviewable; very powerful) ** 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Abuse of Discretion Prosecutors may abuse their discretion by… Not prosecuting friends Accepting guilty pleas or reduced charges for personal consideration Overzealous prosecution to gain visibility for possible reelection Scheduling activities to make life difficult for defendants, in an attempt to put pressure on them to plead guilty Discrimination against minorities CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Disclosure of Evidence Brady v. Maryland (1963) 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Disclosure of Evidence U.S. v. Bagley (1985) The Court ruled that 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Prosecutorial Liability 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.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Defense Counsel Represents the accused Participates in plea negotiations Prepares a defense Calls witnesses Refutes case presented by prosecutor Presents arguments at time of sentencing Files appeals CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Types of Defense Counsel Private attorney (retained counsel) Court-assigned counsel Public defender Criminal defense lawyers often handle a large volume of cases in order to make a decent living. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Right to Counsel The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the effective assistance of counsel. Texas v. Cobb (2001)—the Supreme Court ruled that the Sixth Amendment right to counsel is “offense specific” and applies only to the offense with which a defendant is charged and not to other offenses, even if they are factually related to the charged offense. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Powell v. Alabama (1932) The Court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with a capital offense. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Johnson v. Zerbst (1938) U.S. Supreme Court established the right of indigent offenders to have legal counsel appointed for them in all federal cases. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

This case extended the right to appointed counsel for indigents in all Gideon v. Wainwright (1963) This case extended the right to appointed counsel for indigents in all felony cases. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Argersinger v. Hamlin (1972) 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). CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

In re Gault (1967) The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Defendants in state courts who are Alabama v. Shelton (2002) 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Criminal Defense of the Poor Three Types of Programs Court-assigned counsel Public defender Contract attorney CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Court-Assigned Counsel 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Public Defender Program ** Uses full-time salaried attorneys who require a full-time, salaried staff. ** 28% of counties nationwide use this system exclusively. 64% of counties nationwide use public defenders as part of their system. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Contract Attorneys Local attorneys are maintained on contract to handle all cases. This is the least widely used form of indigent defense. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Criticisms of Indigent Defense System Criticisms relate to funding, caseload, and quality of defense. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Waiving the Right to an Attorney 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Canons of Professional Ethics Model Code of Professional The Ethics of Defense ABA Ethical Guidelines Canons of Professional Ethics Model Code of Professional Responsibility Model Rules of Professional Conduct Standards for Criminal Justice CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Bailiff Charged with ensuring order in the courtroom ** Announces judge’s entry Calls witnesses Maintains control over the defendant if person has not been released on bail Maintains physical custody of and supervises jury during deliberations and sequestering. ** CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Local Court Administrators Facilitate the smooth running of courts in particular judicial districts Provide uniform court management CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Court Reporter ** Also called the “stenographer” or “court recorder.” Creates a written record of all court proceedings. ** Transcripts are necessary if an appeal is to be filed. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Clerk of Court ** Maintains all records of criminal cases and verdicts ** Prepares jury pool and issues jury summonses Subpoenas witnesses Marks physical evidence for identification at trial Swears in witnesses CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Expert Witness ** … a person who has special knowledge and skills in an established profession or technical area. This knowledge helps determine the guilt or innocence of the defendant. This person is usually a paid professional. …unlike lay witnesses, they may express opinions and draw conclusions in their testimony. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Lay Witness Non-expert witness May be: Are subpoenaed to appear Eye witness Character witness Victim Are subpoenaed to appear Testify to that which they have direct knowledge of CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Jurors 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Peer Juries 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

Jury Reform 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Victim Not all crimes have clearly identifiable or surviving victims Victims often face hardships as they participate in the court process. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

The Defendant 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 CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.

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 courts allow cameras in the courtroom…for television coverage. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.