8 The Courtroom Work Group and the Criminal Trial

The Courtroom Work Group: Professional Courtroom Actors Trial The examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant Courtroom work group The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders continued on next slide

The Courtroom Work Group: Professional Courtroom Actors Outsiders are generally unfamiliar with courtroom organization and trial procedure. Jurors, witnesses, defendants, and victims are outsiders.

The Judge An elected or appointed public official who presides over a court of law The trial judge has the primary duty of ensuring justice. Holds the ultimate authority and weighs objections from both sides Decides on the admissibility of evidence and sentences offenders continued on next slide

The Judge Judicial selection Federal-level judges are nominated by the president and conformed by the Senate. State judgeships are won through either popular election or political appointment.

The Judge Missouri Plan for judicial selection Also called the merit plan of judicial selection

The Prosecuting Attorney An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses State prosecutors are elected and generally serve four-year terms, with the possibility of continuing reelection. continued on next slide

The Prosecuting Attorney Prosecutors may serve as quasi-legal advisor to local police. Prosecutors have the burden of proving guilt. continued on next slide

The Prosecuting Attorney Prosecutorial Discretion The decision-making power of prosecutors, based on the wide range of choices available to them Exculpatory Evidence Any information having a tendency to clear a person of guilt or blame

The Defense Counsel A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law Private Attorneys Court-Appointed Counsel Public Defenders continued on next slide

The Defense Counsel Private attorneys Court-appointed counsel Have either their own practice of work for law firms in which they are partners or employees Charge by the hour Court-appointed counsel Sixth Amendment guarantees criminal defendants the effective assistance of counsel continued on next slide

The Defense Counsel Assigned counsel Also known as a court-appointed defense attorney Usually drawn from a roster of all practicing attorneys within the jurisdiction of the trial court Fees are paid at a rate set by the state or local government. continued on next slide

The Defense Counsel Public defenders Attorneys employed by a government agency or sub-agency for the purpose of providing defense services to indigents continued on next slide

The Defense Counsel Two 2010 BJS reports found that a public defender system is the primary method used to provide indigent counsel. Approximately 1,000 public defender offices receive nearly 5.6 million cases. continued on next slide

The Defense Counsel Contractual agreement County and state officials arrange with local criminal lawyers to provide for indigent defense on a contractual basis. The least widely used form of indigent defense, although its popularity is growing. continued on next slide

The Defense Counsel Problems with indigent defense Underfunded The ethics of defense

The Bailiff Bailiffs are court officers whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury. Bailiffs in the federal courtroom are deputy U.S. marshals.

The Trial Court Administrators Facilitate the smooth functioning of courts in particular judicial districts or areas Provide uniform court management continued on next slide

The Trial Court Administrators Are able to relieve judges of many routine and repetitive tasks such as record-keeping, scheduling, case-flow analysis, personnel administration, space utilization, facilities planning, and budget management

The Court Reporter Also called a court stenographer or court recorder Role is to create a record of all that occurs during a trial. The official trial record may later be transcribed in manuscript form and will become the basis for any appellate review of the trial.

The Clerk of Court Maintains all records of criminal cases, Including all pleas and motions made Prepares the jury pool, issues jury summons continued on next slide

The Clerk of Court Subpoenas witnesses for both prosecution and defense Marks physical evidence for identification as instructed by the judge; and maintains custody of that evidence

Expert Witnesses A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence Can express opinions or draw conclusions in their testimony Is usually viewed by jurors as more trustworthy than other forms of evidence

Witnesses Lay witnesses Subpoena An eyewitness, character witness, or other person called on to testify who is not considered an expert Subpoena A written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony

Jurors Juror A member of the trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law

The Victim All victims are not clearly identifiable; often they are the most forgotten people in the courtroom. Uncertainty as to their role in the criminal justice process continued on next slide

The Victim General lack of knowledge about the criminal justice system, courtroom procedure, and legal issues Trauma of testifying and of cross-examination

The Defendant Generally, defendants must be present at their trial. Defendants exercise choice in: Selecting and retaining counsel. Planning a defense strategy with counsel. continued on next slide

The Defendant Defendants exercise choice in: Deciding what information to provide the defense team, what plea to enter, whether to testify personally, and determine whether to file an appeal if convicted.

Spectators and the Press Sixth Amendment right to a public trial Change of venue The movement of a trial or lawsuit from one jurisdiction to another to ensure that the defendant receives a fair trial Cameras of all kinds are prohibited in all federal district criminal proceedings. Caribbean International News Corporation v. Puerto Rico (1993)

The Criminal Trial Nature and purpose Rules of evidence The determination of the defendant's guilt or innocence Factual guilt and legal guilt Rules of evidence The court rules that govern the admissibility of evidence continued on next slide

The Criminal Trial Adversarial system The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense

Trial Initiation Sixth Amendment right to a speedy trial U.S. v. Taylor (1988) Fex v. Michigan (1993) Doggett v. U.S. (1992)

Jury Selection Sixth Amendment right to an impartial jury Challenges to the array and challenges for cause Peremptory challenges The right to challenge a potential juror without disclosing the reason for the challenge Voir dire continued on next slide

Jury Selection Scientific jury selection Shadow jury The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal Shadow jury Assess the impact of a defense attorney's arguments continued on next slide

Jury Selection Sequestered jury A jury that is isolated form the public during the course of a trial and throughout the deliberation process

Opening Statements The initial statement of the prosecution or the defense, made in a court of law to a judge or to a judge and jury, describing the facts that he or she intends to present during trial to prove the case

Presentation of Evidence Direct Evidence Proves a fact without requiring an inference Circumstantial Evidence Indirect and requires an inference Real Evidence Consists of physical material or traces of physical activity continued on next slide

Presentation of Evidence Evaluation of evidence Probative value The degree to which evidence is useful in proving something important in a trial continued on next slide

Presentation of Evidence Harmless Error Rule Places the burden on the prosecution to show that the jury's decision would most likely have been the same even in the absence of the inappropriate evidence continued on next slide

Presentation of Evidence Testimony The oral evidence offered by sworn witness on the stand during the trial Fifth Amendment right to remain silent continued on next slide

Presentation of Evidence Testimony Oral evidence offered by a sworn witness on the witness stand during a criminal trial Perjury The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand continued on next slide

Presentation of Evidence Children as witnesses Coy v. Iowa (1988) Maryland v. Craig (1990) White v. Illinois (1992) continued on next slide

Presentation of Evidence Hearsay Something that is not based on personal knowledge of a witness Hearsay Rule Longstanding precedent that hearsay cannot be used in American courtrooms continued on next slide

Presentation of Evidence Exceptions to hearsay Dying declaration Spontaneous statements Out-of-court statements

Closing Arguments Conclusion of a criminal trial, both sides have the opportunity for a final narrative presentation to the jury

Judge's Charge to the Jury Judge may provide a summary of the evidence presented. About half of all states allow judges the freedom to express their own views as to the credibility of witnesses and the significance of evidence. continued on next slide

Judge's Charge to the Jury Other states only permit judges to summarize in an objective and impartial manner Following the charge, the jury begins deliberations.

Jury Deliberations Verdict Allen v. U.S. (1896) The decision of the jury in a jury trial or of a judicial officer in a nonjury trial Allen v. U.S. (1896)

Verdict Problems with the jury system Jury members may question the ability of the American jury system to do its job. Jury members cannot be expected to understand modern legal complexities and may fear personal retaliation. Professional jurors