AJ 50 – Introduction to Administration of Justice

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 • 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 • 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 • 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 • 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 • 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 • Deliberation • 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