1. Chapter 11 Trial: Role of Major Participants
This chapter examines
Role of major participants in the trial
Trial judge
Prosecutor
Defense counsel
Court reporter
Bailiff
Adversary system
Role of the victim in the trial

2. Adversary System
Our system of justice is based on the adversary system.
There are two sides; prosecution and defense.
Trial judge acts as the referee.
Both sides should come to trial on an equal footing.

3. Trial Judge Presides over the trial. Most state judges are elected.
Federal judges are appointed by the president with the advice and consent of congress.

4. Duties of Trial Judge
Primary reasonability for seeing that justice is carried out.
In jury trial, trial judge makes rulings on all legal issues and the jury makes findings on what are the facts involved.
Conduct the court in a fairly and orderly manner.

5. Contempt of Court
Contempt—an act that is disrespectful to the court or adversely affects the administration of justice.
Direct contempt—acts that generally take place in the presence of the judge–trial judge may summarily punish the offender.
Indirect contempt—acts that generally take place out of the presence of the judge—in most cases, requires a due process hearing before punishment may be imposed.

6. Victim The forgotten party to the trial
Many states have adopted victim’s rights legislation that require the prosecutor to inform and consult with the victim before plea bargaining or making other importation decisions regarding the disposition of the case.

7. Prosecutor Primary duty of the prosecutor is to promote justice.
Other duties include
Drafting official charges
Filing the case with the court or grand jury
Prosecuting the case
Represents the state or nation

8. Defense Counsel
Has the primary duty of representing the defendant within the legal limits of the law.
Required to use his or her skills to protect the rights of the accused even if the accused is guilty.

9. Privileged Communications
Defendant should have a right to freely discuss the case with his or her counsel.
Privileged communications do not cover statements by defendant as to future criminal acts, only past acts.
Robert Garrow