Chapter 8 The Courtroom Work Group-Professional Courtroom Actors & the Criminal Trial

1. Chapter 8The Courtroom Work Group-Professional Courtroom Actors & the Criminal Trial

2. The Courtroom Work Group • Courtroom professional work group refers to: • _____________: Lay witnesses, Jurors, Defendant, Victim, spectators and the media • It involves a ___________________rules of civility, cooperation, and shared goals. The professional courtroom actors: Judge, prosecuting attorneys, defense attorneys, public defenders, bailiff, Court reporter, Clerk of the Court and Expert witnesses.

3. Judicial Selection • Judges at the federal level are nominated by the __________and confirmed by the Senate. • Judges at the state level are selected by: • _____________ • ________________ • Missouri plan – non partisan committee creates list of possible canidates

4. The Judge • The judge ‘s: Primary duty is to insure justice • The _____________ include: • To rule on matters of law. • Weigh objections • Decide admissibility of evidence • To decide guilt or ________________ • Sentence offenders • Disciplining disorderly courtroom attendees • To manage court operations (presiding judge)

5. Judicial Qualifications • General jurisdiction and appellate court judges: • Holds a _________________ • Are licensed attorneys • Are members of their state bar association. • Attend professional training • Limited jurisdiction judges: • May be elected. • May ____ have any legal training.

6. The Prosecuting Attorney • The prosecutor is: Elected in all but five states. Five states and Federal Government appoint prosecutors • The role of the prosecutor is: • To ________________ • To act as quasi-legal advisor of local police. • To demonstrate guilt ________a reasonable doubt. An attorney whose official duty is to ________________ proceedings on behalf of the state or the people against those accused of having committed criminal offenses.

7. Prosecutorial Discretion • Prosecutorial discretion refers to: • The most important form of prosecutorial discretion lies in the power to __________ person with an offense. Decision-making power of prosecutors, based on the wide range of choices available to them: filing charges against criminal defendants; what evidence to present; the scheduling of cases for trial, the acceptance of ___________________.

8. Abuse of Discretion • The high level of discretion allows for the potential for abuse. • Personal considerations – not prosecuting friends; reduced charges for personal gain • Overzealous prosecution • Administrative decisions • Withholding exculpatory evidence • To ___________________ into pleading guilty • Discriminate against ___________

9. The Prosecutor’s Professional Responsibility • American Bar Association (ABA) Code of Professional Responsibility • “The duty of the prosecutor is to ___________, not merely to convict.” • Brady v. Maryland (1963) • U.S. v. Bagley (1985) • The U.S. Supreme Court held that the prosecution is required to disclose to the defense any ____________ __________in its possession that directly or indirectly relates to claims of either guilt or innocence.

10. Prosecutorial Liability • Imbler v. Patchman (1976) • “State prosecutors are absolutely immune from liability…for their conduct in initiating a prosecution and in presenting a State’s case.” • Burns v. Reed (1991) • A “state prosecuting attorney is absolutely immune from liability for damages…for participating in a probable cause hearing, but not for giving legal advice to the police.”

11. The Defense Counsel • The defense counsel is: • The role of the defense counsel is: • To represent the accused. • Prepare a defense • Refutes cases presented by prosecutor • To ensure that the _____________ are not violated. • To file___________ 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.

12. The Criminal Lawyer • Three major categories of defense attorneys assist criminal defendants. • Private attorneys, usually referred to as criminal lawyers or _______________ • Court-appointed counsel • Public defenders • _________________________ 1% of federally charged defendants and 3% of state level defendants represent themselves. • Faretta v. California (1975) Indigents are not required to accept counsel. They may waive their right and represent themselves.

13. Criminal Defense of the Poor • The _______________ guarantees the right to an attorney. • Johnson v. Zerbst (1938) Right to counsel appointed in all Federal cases • Powell v. Alabama (1932) • State right to an attorney in capital cases • Gideon v. Wainwright (1963) • State right to an attorney in all felony cases • Argersinger v. Hamlin (1972) • Right to an attorney when faced with potential imprisonment-including misdemeanor cases • In re Gault (1967) • Right to an attorney given to juveniles

14. Criminal Defense of the Poor • Use full-time salaried attorneys 28% counties use exclusively 64% counties use public defenders • Three systems for indigent defense: • Court-appointed counsel/conflict attorneys • Public defenders • ____________attorney

15. The Ethics of Defense • Temptation at _____________behavior: • The nature of the adversarial process • The ____________of the participants • The privileged and extensive knowledge about their cases

16. The Ethics of Defense • Four main groups of standards • Canons of Professional _________ • Model Code of Professional Responsibility • Model Rules of Professional Conduct • Standards for _____________

17. American Bar Association Code of Professional Responsibility • In representing a client, a lawyer shall not: • Knowingly ____________another in the client’s defense. • Knowingly make a defense that is unwarranted under the law. • Conceal or fail to disclose that which is required by law to be revealed. • Knowingly use _______testimony or false evidence. • Knowingly make a ______statement of law or fact. • Counsel or assist with ______or fraudulent conduct.

18. The Bailiff • The bailiff is: • The role of the bailiff is: • To act as court officer: announce judge; call witnesses. • To____________ • To call witnesses. • Maintains physical custody & prevents the escape of the accused. • To supervise a ____________ jury. The court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury.

19. Local Court Administrators • Court administrators provide uniform court management, assuming many of the duties previously performed by chief judges. • Record keeping • Scheduling and case-flow analysis • Personnel administration • Space utilization and facilities planning • _________management

20. The Court Reporter • The role of the court reporter (court stenographer or court recorder) is to __________________ of all court proceedings. • Transcripts are necessary for appeals

21. The Clerk of the Court • The clerk maintains all records of criminal cases _____________. • All pleas and motions made • Prepares a jury pool • Issues jury summonses • Subpoenas and swearin witnesses • Marks _______________for identification

22. The Expert Witness • The expert witness is: • Unlike lay witnesses, expert witnesses may _____________ or draw conclusions in their testimony. A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence.

23. Outsiders: Nonprofessional Courtroom Participants • The lay witness is: • Lay witnesses must testify to the _________ (direct knowledge) and must not draw conclusions or express opinions. • A _________ is: An eyewitness, character witness, or other person called on to testify who is not considered an expert. A written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony.

24. Jurors • Established by the Constitution • A juror is: • Jurors are expected to render verdicts of “guilty” or “not guilty” as to the charges. • “__________” is the inability to give a verdict. A member of a 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. Most states use 12 jurors with 2 alternates

25. The Victim • Not all crimes have identifiable victims. • Victims are like witnesses. • They experience many hardships. • Uncertainties 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 of cross-examination

26. The Defendant • Defendants _________present at their trials. • They must be present at every stage. • If initially present, the defendant may be voluntarily absent. • The majority of criminal defendants are poor, ___________ and alienated.

27. The Defendant • Defendants exercise choice in: • Counsel. • _____________ • Information to divulge. • Whether to testify. • Whether to plea. • Whether to file an appeal.

28. Spectators & the Media • The ______Amendment requires a public trial. • Media reports often create problems, making it hard to find jurors without opinions. • Most state courts allow TV cameras • ________________refers to: The movement of a trial or lawsuit from one jurisdiction to another to ensure a fair trial.

29. The Criminal Trial • The purpose is to determine defendant’s guilt or innocence. • Procedures in a modern courtroom are highly formalized. • _____________refer to: • Based partially on tradition. • Circumscribed by informal rules and professional expectations. Highly formalized. Court rules that govern the admissibility of evidence at criminal hearings and trials.

30. Nature & Purpose of the Criminal Trial The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense. • ______________system refers to: • In theory, justice is done when the most effective adversary is able to convince the judge or jury that his/her perspective on the case is the correct one. • __________ - Defendant is actually responsible for the crime of which he is accused • _______ – Defendant is found guilty as charged

31. Eight Stages in a Criminal Trial

32. Speedy Trial: Supreme Court Cases • Klopfer v. North Carolina (1967) • The court asserted that the state right to a speedy trial was a U.S. Constitutional guarantee. • Baker v. Wingo (1972)The Sixth Amendment can be violated even if the defendant does not object to delays. • Strunk v. U.S. (1973)Denial of a speedy trial should result in dismissal of all charges. • ________________ (1974)refers to: A 1974 federal law requires that proceedings against a criminal defendant begin within 30 days of arrest; trial must begin within 70 working days after indictment. Can extend to 180 days.

33. Federal Speedy Trial Act Cases • U.S. v. Taylor (1988)Court ruled that when delay is the result of actions by the defendant, the 70-day rule does not apply. • Doggett v. U.S. (1992) “Even delay occasioned by the Government’s negligence creates a prejudice that compounds over time, and at some point, as here, becomes intolerable.”

34. Jury Selection • The Sixth Amendment guarantees the right to an impartial jury unbiased; (free of preconceived notions of guilt). • Jury selection refers to: • Three _____of challenges: • Challenges to the array • Challenges for cause • Peremptory challenges The process whereby, according to law and precedent, members of a particular trial jury are chosen.

35. Jury Selection • ________ examination is the questioning of potential jurors in order to select unbiased individuals. • Peremptory challenge refers to: • Scientific jury selection The right to challenge a potential juror ______ disclosing the reason for the challenge (limited number of peremptory challenges)

36. Jury Selection and Race • Peremptory challenges continue to tend toward _______imbalance. • Batson v. Kentucky (1986) • The use of peremptory challenges for discriminatory purposes constitutes a violation of the defendant’s right to an impartial trial.

37. Opening Statements • Opening statement refers to: • Evidence is ________offered. • Defense may choose to focus on the prosecutor’s burden of proof __________ 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. The Presentation of Evidence • Evidencerefers to: • Direct evidence - Facts that need not be interpreted (photographs, testimony) • ____________________ -Requires judge or jury to make inferences or draw conclusions • Real evidence - Physical material or traces of activity, introduced by means of “exhibits” Anything useful to a judge or jury in deciding the facts of a case.

39. The Testimony of Witnesses • Judge decides which evidence can be presented to the jury. • Testimony refers to: • Perjury refers to: _____________ offered by a sworn witness on the witness stand during a criminal trial. 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.

40. The Hearsay Rule • Hearsay refers to: • The _____________ is a long-standing precedent in which hearsay (secondhandevidence) cannot be used in American courtrooms. • Exception to the hearsay rule may occur when the person with direct knowledge is dead or is otherwise unable to testify. Something that is not based on the personal knowledge of a witness.

41. Closing Arguments • Closing argument refers to: • The summation provides a review and analysis of the evidence. • It works to persuade the jury to draw a conclusion favorable to the presenter. • CA – ____________________ An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial.

42. The Judge’s Charge to the Jury • The judge charges the jury to _______and; • Select a foreperson • Deliberate • Return with a verdict • The judge will: • Stress jury ___________ • Remind jurors of the statutory elements of the charge. • Explain the burden of proof. • Explain “guilty beyond a _____________”.

43. Jury Deliberation and the Verdict • The verdict is: • The ______________urges the jury to vigorous deliberations and suggests to obstinate jurors that their objections may be ill founded if they make no impression on the other jurors. The decision of the jury in a jury trial or of a judicial officer in a non-jury trial.

44. Problems with the Jury System • Jurors cannot be expected to understand modern legal complexities. • Jurors often cannot understand jury instructions. • Jurors often cannot separate emotions from fact. • Some juries are __________by one or two members with forceful personalities.

45. Improving the Process • Suggestions for improving jury system: • Replace jury with a panel of _________ • Replace jury with _____________jurors • Dependability • Knowledge • Equity