1. 8
The Courtroom Work Group and the Criminal Trial

2. 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
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3. The Courtroom Work Group: Professional Courtroom Actors
Outsiders are generally unfamiliar with courtroom organization and trial procedure.
Jurors, witnesses, defendants, and victims are outsiders.

4. 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
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5. 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.

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

7. 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.
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8. The Prosecuting Attorney
Prosecutors may serve as quasi-legal advisor to local police.
Prosecutors have the burden of proving guilt.
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9. 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

10. 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
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11. 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
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12. 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.
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13. The Defense Counsel Public defenders
Attorneys employed by a government agency or sub-agency for the purpose of providing defense services to indigents
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14. 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.
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15. 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.
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16. The Defense Counsel Problems with indigent defense Underfunded
The ethics of defense

17. 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.

18. The Trial Court Administrators
Facilitate the smooth functioning of courts in particular judicial districts or areas
Provide uniform court management
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19. 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

20. 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.

21. The Clerk of Court
Maintains all records of criminal cases, Including all pleas and motions made
Prepares the jury pool, issues jury summons
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22. 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

23. 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

24. 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

25. 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

26. 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
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27. The Victim
General lack of knowledge about the criminal justice system, courtroom procedure, and legal issues
Trauma of testifying and of cross-examination

28. The Defendant Generally, defendants must be present at their trial.
Defendants exercise choice in:
Selecting and retaining counsel.
Planning a defense strategy with counsel.
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29. 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.

30. 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)

31. 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
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32. The Criminal Trial Adversarial system
The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense

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

34. 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
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35. 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
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36. Jury Selection Sequestered jury
A jury that is isolated form the public during the course of a trial and throughout the deliberation process

37. 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

38. 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
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39. Presentation of Evidence
Evaluation of evidence
Probative value
The degree to which evidence is useful in proving something important in a trial
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40. 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
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41. Presentation of Evidence
Testimony
The oral evidence offered by sworn witness on the stand during the trial
Fifth Amendment right to remain silent
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42. 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
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43. Presentation of Evidence
Children as witnesses
Coy v. Iowa (1988)
Maryland v. Craig (1990)
White v. Illinois (1992)
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44. 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
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45. Presentation of Evidence
Exceptions to hearsay
Dying declaration
Spontaneous statements
Out-of-court statements

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

47. 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.
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48. 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.

49. 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)

50. 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