Chapter 8: The Courtroom Work Group Flashcards
The Professionals
- The group of courtroom professionals include judges, prosecutors, defense counsel, public defenders, and others who are paid to serve the court
- Professional courtroom participants are also referred to as the courtroom work group.
Main participants in the courtroom work group
- Judges
- Prosecutors
- Defense Attorneys
- Police Officers
- Expert Witnesses
- Bailiffs
- Court Reporters
- Court Clerks
Judges
Judges are either elected or appointed officials, depending on jurisdiction, who preside over a court of law and who have the authority to hear and conduct trials as well as sometimes decide cases.
Things a judge does
- Hold ultimate authority
- Rules on issues of law
- Weighs objections from both prosecution and defense
- Decides on admissibility of evidence
- Disciplines any person challenging the order of the court
- Sentences offenders
- Decides guilt or innocence
Methods of state judicial selection
- Partisan elections
- Nonpartisan elections
- Legislative elections
- Gubernatorial appointment
- Assisted appointment
Prosecuting attorneys are also known as
- District attorneys
- State’s attorneys
- County attorneys
- Commonwealth attorneys
- Solicitors
Three types of discretionary decisions by prosecutors that are always inappropriate:
- Accepting guilty pleas for personal gain
- Decisions not to prosecute friends or associates
- Overzealous prosecution to get high visibility
Things the defense attorney does:
- Represent their client and safeguard their constitutional rights
- Challenge the strength of the prosecutions case
- Take part in plea negotiations
- Prepare an competent defense
- Represent their clients during trial
- Prepare and assist with appeals
Three Types of Defense Counsel
- Private attorneys
- Court appointed counsel
- Public defenders
States typically have three methods to fulfill the requirement for an indigent defense
- Assigned Counsel
- Public Defenders
- Contractual Arrangements
Police Officers
In general police officers are considered as lay/fact witnesses in a trial.
The Bailiff
The bailiff is typically a law enforcement officer also referred to as a court officer.
Things the bailiff does
- Maintain order in the courtroom
- Secure the witnesses
- Maintain physical custody of the jury
- Announce the judge’s entry into the courtroom
- Prevent the accused from escaping
Things the court clerk does
- Maintains case records
- Prepares the jury pool
- Issues jury summonses
- Subpoenas witnesses
- Marks physical evidence
- Maintains custody of physical evidence
Things the defendant does
- Choosing a defense attorney
- Working with their defense attorney to plan a defense strategy
- Choosing what information to disclose
- Choosing what information not to disclose
- Deciding what plea to enter
- Deciding whether, or not, to file an appeal in the event of conviction
What is always the goal of the district attorney?
Fair and equal justice for everyone
The gate keeping process discussed is referred to as?
Prosecutorial Discretion
At what point in history did plea bargaining appear in courtrooms?
After the Civil War
Prosecutorial immunity means
The prosecutor cannot be sued in civil court
Which of the following is the most important job for a criminal defense attorney?
Safeguard the rights of the client
What other amendment was greatly expanded as a result of the Gideon decision?
14th
What percentage of arrested people qualify for a public defender?
80%
How long does the average trial last?
1-2 days
