Chapter 7 notes pt. 4

Question 1

the social organization consisting of the judge, prosecutor, defense attorney, and other court workers

Answer 1

courtroom work group

Question 2

the most important feature of any work group is that it’s a __________ ______.

Answer 2

cooperative unit

Question 3

List the members of the courtroom work group.

Answer 3

1. the judge
2. the prosecutor,
3. the defense attorney
4. the bailiff
5. the clerk
6. court reporters

Question 4

What are the responsibilities of the bailiff?

Answer 4

1. maintaining security and order in the judge’ chambers and the courtroom
2. leading the defendant in and out of courtroom, and attend to the needs of the jurors during the trail
3. (in some jurisdictions) delivers summons

Question 5

a bailiff is often a member of the local _______ department but sometimes an employee of the court

Answer 5

sheriff’s

Question 6

What are the responsibilities of the clerk of the court?

Answer 6

1. handling the paperwork

2. issues subpoenas for jury duty, and coordinates the jury selection process.

Question 7

In the federal system, judges ______ clerks, while state clerks are either __________ or, in nearly a third of the states, ______.

Answer 7

select
appointed
elected

Question 8

What are the responsibilities of court reporters?

Answer 8

1. record every word that’s said during the course of the trial
2. record any depositions or pretrial question/answer sessions in which a party or a witness answers an attorney’s questions under oath

Question 9

who is the dominant figure in the courtroom?

Answer 9

the judge

Question 10

true or false:a judge’s personal philosophy does not affect the court proceedings.

Answer 10

False: judge’s personal philosophy does affect the court proceedings.

Question 11

true or false: ideally a judge should be the most informed member of the court.

Answer 11

false; the judge should be the least informed member of the court

Question 12

an individual, acting as a trial lawyer, who initiates and conducts cases in the government’s name and on behalf of the people

Answer 12

public prosecutor

Question 13

Prosecutors have the power to do what?

Answer 13

bring resources of the state against the individual, and they hold the legal keys to meeting out or withholding punishment

Question 14

What are prosecutors not permitted to do?

Answer 14

To keep from the defendant evidence that may be useful in showing his or her innocence.

Question 15

Prosecutors have a great deal of discretion in making decisions about what important decisions?

Answer 15

1. Whether an individual who has been arrested by the police will be charged with a crime
2. the level of charges to be brought against the suspect
3. if and when to stop the prosecution

Question 16

the chief law officer of a state; also, the chief law officer of the nation

Answer 16

attorney general

Question 17

each jurisdiction has a chief __________, who is sometimes appointed but more often ______.

Answer 17

prosecutor

elected

Question 18

As an elected official, chief prosecutors typically serve a ____-year term

Answer 18

four

Question 19

the lawyer representing the defendant

Answer 19

defense attorney

Question 20

what are the responsibilities of the defense attorney?

Answer 20

1. to represent the defendant at the various stages of the custodial process (arrests, interrogations, line ups, and arrangements)
2. investigating the incident for which the defendant has been charged
3. communicating with the prosecutor, which includes negotiating plea bargains
4. preparing the case for trial
5. submitting defense motions, including motions to suppress evidence
6. representing the defendant at trial
7. negotiating a sentence, if the client has been convicted
8. determining whether to appeal a guilty verdict

Question 21

True or False: a defense attorney must defend a client whether or not they are guilty or innocent

Answer 21

true

Question 22

What are the two different types of defense attorneys?

Answer 22

1. private attorneys

2. public deffenders

Question 23

court-appointed attorneys who’re paid by the state to represent defendants who are unable to hire private counsel

Answer 23

public defenders

Question 24

a rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure

Answer 24

attorney-client privilege

Question 25

What are the exception to the attorney-client privilege?

Answer 25

if it's information concerning a crime that has yet to be committed or is ongoing

Question 26

If the courtroom work group can be said to have a dominant figure, it's the ________.

Answer 26

judge

Question 27

Public _________ are employed by the government and try cases on behalf of "the people".

Answer 27

prosectors

Question 28

List the different names given to public prosecutors and indicate the general powers that they have.

Answer 28

At the federal level, the prosecutor is called the U.S. attorney. In state and local courts, the prosecutor may be referred to as the state's attorney, state prosecutor, district attorney, county attorney, or city attorney. Prosecutors, in general have the power to decide when and how the state will pursue an individual suspected of criminal wrongdoing. In some jurisdictions, the district attorney is also the chief law enforcement officer, holding broad powers over police operations.

Question 29

Delineate the responsibilities of defense attorneys.

Answer 29

1. representation of the defendant during the custodial process 2. investigation of the supposed criminal incident 3. communication with the prosecutor(including pleas bargaining) 4. preparation of the case for trial 5. submission of defense motions 6. representation fo the defendant at trial 7. negotiation of a sentence after conviction 8. appeal of guilty verdict