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The Courtroom Work Group. Judge Prosecutor Defense. Judge . Senior Officer in Court Appropriateness of conduct Settles questions of evidence Rules on Procedure Guides Questioning of Witnesses. Judge. Extensive control of the Court Decides whether to hold complainant
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The Courtroom Work Group • Judge • Prosecutor • Defense
Judge • Senior Officer in Court • Appropriateness of conduct • Settles questions of evidence • Rules on Procedure • Guides Questioning of Witnesses
Judge Extensive control of the Court Decides whether to hold complainant Sentences Defendant Instructs Jury on conduct on verdict relevant law
What does it take to be a Judge? • Resident, Bar Member ( Required in California) • Usually between 25 and 70 years old • Varies from State to State
Appointment to the Bench • Election • Merit Selection • The Missouri Plan • Gubernatorial Appointment
Election • As Judge, I promise to be Tough on Crime • As Judge, I will enforce the death penalty • If you elect me, I will be a political moderate
The Missouri Plan • First used in Missouri in 1940 • Governor appoints judges from a list compiled by a non partisan nominating commission • Judges serve on the bench for a year • They are voted to the bench after a year of service • The vote is “yes” or “no” • If “yes” the judge sits for the full term
Prosecutor • In all phases of the Court Process • Given Broad Discretion • His/Her job is to advocate the guilt of defendant vigorously, He represents the People
Federal Solicitor General US Attorney General State Attorney general Chief Prosecutor District Attorney Prosecutor
What the Prosecutor Does • Screen The Case (Is is Prosecutable?) • Has a Crime Been Committed? • Has a Suspect been properly identified? • Is the Evidence Sufficient to Support a Guilty Verdict? • Nolle Prosequi (nol. Pros.) • This Should never be based on local jury success or public opinion
What the Prosecutor Does • Decision to Plea Bargain and Plea Negotiate • Unreviewable discretion • Recommend Amount of Bail (many jurisdictions) • Comply to Rules of Discovery
Assistant District Attorneys • Usually fresh out of law School • They Work for the Chief Prosecutor, an elected position ($10,000-189,000 year) • 40% of Prosecutors had a work related threat in 2001, one in five carry a firearm for protection
Defense Attorney • Guaranteed by the Sixth Amendment: The Right to Counsel • Right to Counsel extended to first appeal, probation and parole hearings as well as juvenile proceedings
Court Appointed Lawyer • Some are Volunteers…pro bono • Some are paid by Hourly Fees • Selected from a list of attorneys, some take the cases grudgingly
The Public Defender • Paid by the jurisdiction on a fixed salary • Sometimes this job is a stepping stone • The Contract Lawyer is a new system of providing defense • Counsel agrees to represent a certain number of indigent defendants over a period of time-Not a Public defender
The TV myth • The crafty defense lawyer is a myth. They are usually overworked conscientious public defenders. • Frequently they are assigned to courtrooms, not clients. 5-10 minutes is an average consultation for a PD
Charging Documents • Complaint • Information • Grand Jury Indictment • Arrest warrant
Plea Bargaining • Lesser Offense Brady v United States • Santobello v New York : “deal” must be honored • Henderson v Morgan : Must be voluntary • Plea Bargaining Serves everyone’s interest
What Percentage of Criminal Cases are resolved through Guilty Pleas?
