1. AJ 50 – Introduction to Administration of Justice
Chapter 8 –
Courtroom Work Group and Criminal Trial

2. Courtroom Work Group Courtroom professionals including…
Judge
Prosecuting Attorney
Defense Attorney
Public Defender
Other miscellaneous participants
Each plays a particular role in overall administration of justice

3. The Judge
Elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials
The Roles of the Judge…
Rule on matters of law
Decide guilt or innocence in bench trials
Manage the court
Judicial Discretion
Judge has the authority to make rulings based on laws and procedures

4. The Prosecuting Attorney
Attorney whose official duty is to conduct criminal proceedings on behalf of the State or the People against criminal defendants
Roles of the Prosecutor…
Represent the People
Act as quasi-legal advisor of local police
Demonstrate guilt beyond a reasonable doubt
Prosecutorial Discretion
Decision-making authority regarding how to handle individual cases

5. The Defense Attorney
Hired or appointed attorney who conducts legal defense of defendant and represents him or her before a court of law
Roles of the Defense Counsel
Represent the accused
Protect the Defendant’s rights
File appeals
Gideon vs. Wainwright (1963)
Extended right to counsel (Public Defender) to all indigent defendants

6. The Bailiff
Court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury
Roles of the Bailiff
Act as court officer
Ensure order
Call witnesses
Prevent the escape of the accused
Supervise a sequestered jury

7. Court Administrators, et al.
Provide uniform court management
Scheduling and record-keeping
Personnel/budget administration
Space-utilization and facilities planning
Court Reporter
Stenographer or recorder who creates record of all that occurs during a trial
Clerk of the Court
Maintains all records in criminal cases

8. Witnesses Subpoena Lay witness Expert witness
Written order requiring witness’s appearance in court
Lay witness
Eyewitness, character witness, or other person called on to testify
Not considered an expert
Must testify to facts only, no opinions
Expert witness
Special knowledge and skills recognized by the court as relevant to determining guilt or innocence
May express opinions/draw conclusions

9. Jurors
Members of a trial (or grand jury) who have been selected for jury duty and is required to serve as an arbiter of the facts in court
Expected to render verdicts of “guilty” or “not guilty”
Trier of the Facts
“Hung Jury” is the inability to give a verdict beyond a reasonable doubt

10. The Victim Special type of witness Hardships of victimization
Uncertain as to their role
Lack of knowledge regarding the legal system
Trial delays that result in frequent travel, missed work, and wasted time
Fear of retaliation
Trauma of testifying and cross-examination

11. The Defendant Defendants must be present at all stages of their trials
If initially present, the defendant may be voluntarily absent
Defendants have choice in…
Counsel
Defense strategy
Information to divulge
Whether to testify
Whether to file an appeal

12. The Press and Public The Sixth Amendment requires a public trial
Press reports often create preconceived ideas, opinions, biases about a case
Difficult to find impartial jurors
Change of Venue
Movement from one jurisdiction to another to ensure a fair trial

13. Nature and Purpose of the Criminal Trial
Adversarial System
Prosecution vs. Defense
In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one
Rules of Evidence
Govern the admissibility of evidence presented during trial

14. Trial Initiation Sixth Amendment guarantees right to a speedy trial
Speedy Trial Act (1974)
Federal law requiring that criminal proceedings begin within specified period of time
Applies only in federal courts, but some states have similar requirements

15. Jury Selection Sixth Amendment guarantees trial by impartial jury
Voir Dire
Process of questioning prospective jurors
Challenges
For Cause
Specific reason
Peremptory
Attorney does not have to disclose reason

16. Trial Proceedings Opening Statements Presentation of Evidence
Initial statement of Prosecution or Defense describing the facts to be presented to prove the case
Evidence is not offered
Defense may focus on Prosecutor’s burden-of-proof requirement
Presentation of Evidence
Anything offered to prove/disprove disputed fact
Assist judge/jury make decision in a case

17. Types of Evidence Real Evidence Direct Evidence
Physical objects, materials, traces of physical activity
Direct Evidence
If believed by jury, directly proves a fact
Eyewitness accounts, videotaped documentation
Circumstantial Evidence
Requires interpretation or inference to reach factual conclusion
Probative Value
The degree to which evidence is useful in proving a disputed fact

18. Witness Testimony Testimony Perjury
Oral evidence offered by a sworn witness on the witness stand during a criminal trial
Under oath or affirmation
Perjury
Unlawful, intentional lying under oath or affirmation to give truthful testimony on a relevant matter
Special concerns for children as witnesses?

19. The Hearsay Rule Hearsay Exceptions include…
Testimony that is not based on the personal knowledge of a witness
Cannot be used in American courtrooms
Exceptions include…
Spontaneous Statements
Dying Declarations

20. Closing Arguments
Closing argument = Oral summation of a case presented by the Prosecution or Defense in a criminal trial
Provides a review and analysis of the evidence
Final attempt to persuade the jury to draw a conclusion favorable to the presenter

21. The Judge’s Instructions to the Jury
The judge charges the jury to retire and reach a verdict
The judge instructs the jury regarding…
Objectivity
Statutory elements of the charges
Burden of proof
“Guilty beyond a reasonable doubt”

22. Jury Deliberation and the Verdict
Process of evaluating evidence presented at trial in order to reach a decision
Verdict
The decision of the jury in a jury trial or of a judge in a non-jury trial
If verdict is “guilty”, sentencing will generally take place at a separate hearing