1. Key Actors in the Courtroom

2. Three Key Actors

3. Prosecutor (Commonwealth's Attorney in VA.)
Jobs of a Prosecutor
1. Chief law enforcement official
2. Decide whether to charge someone with a crime
3. Represent the state in trial

4. Charging People with Crimes
Prosecutors factor the following in deciding whether to charge a person with a crime or not:
1. Was a crime committed?
2. Do we have a suspect?
3. Is there enough evidence to find the person guilty?

5. If a prosecutor decides after arrest not to pursue charges, they enter an announcement of nolle prosequi
Why would a prosecutor drop charges?
1. offense was not harmful enough
2. punishment too severe
3. criminal complaint is a lie
4. victim refuses to testify (rape cases)
5. concern for the victim or offender
6. suspect co-operates in other investigations
7. wanted for a more serious crime elsewhere
8. parole revocation

6. To Plea Bargain or not to Plea Bargain
Prosecutors have the power to decide whether or not a case will be decided by a plea bargain.
Person pleads guilty in exchange for a lesser punishment
Recommending Bail
Prosecutors have power to suggest the amount of bail for defendant at the initial appearance
Usually ask for a high amount

7. Rules of Discovery Only "weakness" of prosecutors
Before trial, prosecutors must turn over all evidence they have against the accused to their lawyer
If they do not, it is grounds for an appeal and dismissal of case

8. How do you become a prosecutor
Prosecutors are elected positions; if the public is not happy with their performance, they can vote them out of office on the next election

9. Defense Attorney Lawyers that represent the accused person in a trial
Myths about Criminal Lawyers
1. They are dishonest
2. They make a lot of money
3. They are very famous
4. They get guilty people off the hook
*Criminal lawyers spend more time in the jail than in their offices

10. Criminal lawyers spend more time in the jail than in their offices
Client/Attorney privilege: they cannot repeat anything their client tells them
Most defendants cannot afford a lawyer; one is given to them
Court appointed lawyers paid for by the taxpayers
Public Defender paid to represent all the indigent in a jurisdiction

11. Judges Duties of a Judge: Preside over trial
determine probable cause for warrants
signing warrants
setting or taking away bail
arraigning defendants
accepting pleas

12. All of a judges duties are done to make sure judicial process is fair for everyone involved
Selection of Judges:
In VA, judges are chosen by the state legislature, the General Assembly

13. Jury Juries are made up of citizens; registered voters Job of a Jury:
listen to evidence presented
decide guilt or innocence
decide the punishment (in VA)
Juries consist of 12 people in criminal cases, with one person acting as the leader, or foreman, of the jury.

14. Any verdict given by the jury must be unanimous (all agree); if not it is called a "hung jury" and a new trial is held w/ a new jury.