Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger The Courts: Structure and Participants Chapter 9 Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] A Typical State Court System FIGURE 9–2 A typical state court system.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Federal Court System FIGURE 9–1 The structure of the federal courts.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Massachusetts Bay Colony 1629—Massachusetts Bay Colony created a General Court, which combined legislative and judicial duties. 1639—County courts were established in the outlying areas. The General Court became primarily a court of appeal.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Pennsylvania 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. Structure of colonial courts were not uniform No distinction between original and appellate jurisdiction

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Federal Judiciary Act of Tier Model for Court System –Trial courts of limited jurisdiction –Trial courts of general jurisdiction –Appellate courts

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] State Court Systems Today Many differences among state courts. Most use the three-tiered structure. –Trial courts of limited jurisdiction –Trial courts of general jurisdiction –Appellate courts The court reform movement continues today, seeking to simplify and unify court structures.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] State Trial Courts: Courts of Limited Jurisdiction Authorized to hear: –Misdemeanors, family disputes, traffic violations, and small claims –Rarely hold jury trials –Do not maintain records of proceedings (just charge, plea, finding, and sentence) –Less formal than higher courts

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 Authorized to hear: –Any criminal case –Lower court appeals Trial de novo

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] State Appellate Courts 39 states have intermediate and high-level appellate courts (courts of last resorts). All states have supreme courts.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. Appellate court reviews transcripts from lower trial courts and may allow both sides to make oral arguments.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] State Court Administrator’s Duties Prepare, present, oversee court system’s budget Analyze 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 personnel Assign judges to judicial districts Review payments to counsel for indigent defendants

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Jurisdiction of Federal Courts Article III, Section 2 Federal courts have jurisdiction over cases arising under the Constitution, federal law, and treaties. Federal courts settle disputes between states and have jurisdiction in cases where one of the parties is a state.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 The trial courts of the federal system Original jurisdiction over all cases involving alleged violations of federal statutes

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] District Court Judges There are 650 district court judges. –Appointed by the President and confirmed by the Senate –Serve for life District court judges are assisted by magistrate judges, who: –Conduct arraignments –Set bail –Issue warrants –Try minor offenders

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 with 1 Circuit Court. –The Federal Circuit has 1 U.S. Court of Appeals. –167 appeals court judges –Review cases on appeal from U. S. district courts and trial-level federal courts

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] U.S. Circuit Courts of Appeal FIGURE 9–3 Geographic boundaries of the U.S. courts of appeals.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] U.S. Courts of Appeal: Circuit Courts Have mandatory jurisdiction over decisions of appealed district court cases Appeals are classified as: –Frivolous –Ritualistic –Nonconsensual The number of federal criminal appeals reached record high levels in 2005.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] U.S. Supreme Court 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. The Court reviews transcripts and hears brief oral arguments.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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. Marbury v. Madison (1803)

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Courtroom Participants Professional (Courtroom Work Group) Judge Prosecuting attorney Defense attorney Bailiff Court reporter Clerk of the court Expert witnesses Non-Professional (Outsiders) Lay witnesses Jurors Defendant Victim Spectators Press

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] The Judge 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)

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Judicial Selection Federal Judges Nominated by President Confirmed by senate State Judges Popular election Gubernatorial appointment Missouri Plan (combines appointment and election)

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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 In some states, lower court judges may be elected without educational or other professional requirements.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Prosecutor Prosecutors can be elected or appointed. All but five states elect prosecutors. Prosecutors are elected for four-year terms. Five states and the federal government appoint their prosecutors.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Prosecutorial Discretion 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Case Law Brady v. Maryland (1963) U. S. v. Bagley (1985) Imbler v. Patchman (1976) Burns v. Reed (1991)

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] The Prosecutor’s Professional Responsibility Prosecutors 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Three Major Categories of Defense Counsel 1. Private attorney (retained counsel) Have their own legal practices or work for law firms Fees can be high 2. Court-assigned counsel (assigned counsel) Lawyers drawn from a roster of all practicing attorney Fees are paid at a rate set by the government 3. Public defender Relies on full-time salaried government staff

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Case Law Powell v. Alabama (1932) Johnson v. Zerbst (1938) Gideon v. Wainwright (1963) Argersinger v. Hamlin (1972) In re Gault (1967) Alabama v. Shelton (2002)

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Public Defender Program Uses full-time salaried attorneys. 28% of counties nationwide use this system exclusively. 64% of counties nationwide use public defenders as part of their system.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Appeals and Indigent Defense 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Local Court Administrators Many states employ court administrators: Facilitate the smooth running of courts in particular judicial districts Provide uniform court management

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Court Reporter The court reporter, also called the stenographer or court recorder, creates a written record of all court proceedings. –Transcripts are necessary for appeals

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Clerk of Court 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

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] Lay Witness Non-expert witnesses are called lay witnesses. They may be: Eye witness Character witness Victim Lay witnesses are subpoenaed to testify to that which they have direct knowledge of.

Criminal Justice Today: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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: An Introductory Test to the 21st Century Frank Schamalleger Copyright ©2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint] 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.