Roles of Courtroom Participants
Course
Principles of
LPSCS
Unit III
Court Roles,
Processes and
Procedures
Rationale
In this lesson, students will apply their understanding of the duties and
responsibilities of courtroom participants and how their roles affect a criminal
trial.
Essential
Question
What are the
functions of the
different
participants in
the courtroom?
Objectives
The students will be able to:
1. Define the participants involved in the criminal trial process
2. Identify and explain the roles of the various professional members of
the courtroom workgroup
3. Identify and explain the roles of the various paraprofessional and
nonprofessional participants
4. Explain how professional and nonprofessional courtroom participants
work together to bring most criminal trials to a successful close
5. Explain the roles of expert and lay witnesses in a criminal trial and
describe how their testimonies might differ
TEKS
§130.292(c)
(9)(A)(C)
Engage
As we begin to learn about each person’s function in the courtroom, let’s
begin by playing a game about selecting a jury.
Prior Student
Learning
Familiarity with
persons who
work in the
courtroom
Online game: The Pick Twelve Game: The Interactive Jury Game
https://www.texaslre.org/jury_game/jurygame_intro.html
(You may play the online/interactive version or download the printable
version, depending on class size, etc.)
Estimated Time
2 to 6 hours
Key Points
I. Participants that are associated with the trial process
A. Judges
1. Duties
a. Main duty – to ensure justice is done
b. Make rulings – decide on the admissibility of evidence, rules
on objections and motions
c. Keep control in the courtroom
d. Bench trial
e. Sentencing
2. Qualifications
a. Have a law degree (in most cases)
b. Juris Doctorate
c. Be a licensed attorney
d. Be a member of the State Bar
e. Receive proper training
3. Method of Employment
1
Copyright © Texas Education Agency, 2011. All rights reserved.
a.
b.
c.
d.
Appointed by the governor
Popular election
Hired
The Missouri Plan (incorporates elements of both popular
election and appointment)
B. Jury – a group of citizens selected and sworn, according to law, to
inquire about certain facts about the evidence presented to them.
Based on those findings, the jury is expected to find the defendant
“guilty” or “not guilty.”
1. Voir Dire is the selection process for choosing a jury from eligible
members of a jury pool.
a. Prospective jury members are called one at a time and
questioned by both sides to determine suitability.
b. Jurors are expected to be unbiased and free of preconceived
notions about guilt or innocence.
c. Attorneys shape a jury by exercising their right to challenge
a juror’s ability to serve
2. Challenges
a. To the Array – states in writing that the officer summoning
the jury has acted corruptly by intentionally selected jurors
that are biased
b. For Cause – means the attorney perceives some bias or
characteristic that would prevent a fair trial; must be
approved by the judge
c. Peremptory – based on a subjective evaluation by the
attorney and does not need to be justified by the court
C. Defendant – the person against whom a criminal complaint or
indictment is filed: the “accused”
D. Defense Attorney – 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.
1. Duties
a. Represents the person accused of committing a crime
b. Plea bargains
c. Prepares the defense
d. Questions witnesses
i. Directs own
ii. Cross-examines the state’s
a. Disputes claims made by the prosecutor
b. Sentencing
c. Files appeals
d. Argues appeals
2. Types
a. Private attorneys hired by a defendant
b. Court-appointed attorneys
c. Public defenders
2
Copyright © Texas Education Agency, 2011. All rights reserved.
E. Prosecutor – an attorney whose official duty is to conduct criminal
proceedings on behalf of the state or the people against those
accused of having committed criminal offenses; also called a District
Attorney or State’s Attorney. A prosecutor’s duties include
1. Presenting information or evidence to a grand jury
2. Prosecutorial discretion
3. Questioning witnesses for the state
4. Requesting guilty verdicts/convictions
5. Representing the state in appeals
F. Victim – a person who has either suffered death or serious physical
or mental suffering, or the loss of property resulting from actual or
attempted criminal actions committed by others
G. Witness – a person whose declaration under oath (testimony) is
received as evidence. The witness has personal knowledge of a fact
as perceived by or through any of his or her senses (sight, hearing,
smell, touch, or taste), and is then able to communicate this
information or knowledge verbally or in writing.
1. Expert Witness – a person who has special knowledge and skills
recognized by the court as relevant to the determination of guilt
or innocence; unlike lay witnesses, expert witnesses may
express opinions or draw conclusions with their testimony
2. Lay Witness – an eyewitness, character witness, or other person
called on to testify who is not considered an expert. Lay
witnesses must testify to facts only.
H. Court Reporter – a stenographer who transcribes every word spoken
during a trial; transcripts are necessary for appeal
I. Deputy Sheriff/Bailiff – the court officer whose duties are to keep
order in the courtroom, secure witnesses, maintain physical custody
of the jury, and announce the entry of the judge
J. Clerk – a government employee who works directly with the trial
judge and is responsible for court paperwork and records before and
during the trial
II. Workgroups
A. Professional participants
1. Interactions between the judge, prosecutor, and defense
attorney
2. Necessary functions to dispose of cases
B. Para-professional participants
1. Interactions between the bailiff, clerk, and court reporter
2. Necessary duties in criminal cases
C. Non-professional participants
1. Interactions between the jury, defendant, victim, and witnesses
2. Functions in a criminal trial
III. The Courtroom (see activity)
3
Copyright © Texas Education Agency, 2011. All rights reserved.
A. Physical layout
B. Decorum
C. Rules
Activities
Divide the students into three groups:
Group 1 – Physical layout of a courtroom
Group 2 – Courtroom decorum
Group 3 – Courtroom rules
Hand instructions out to each group. (Realize the difference between
decorum-behavior/etiquette-and rules-policies/guidelines/local rules of a
court). Each group will use the internet to research its topic. Each group will
present its topic either with some sort of visual (poster board, computerbased presentation, etc.) or performance (acting, puppets, etc.). Once the
students have completed research and developed a presentation, have the
groups present to and teach the other students. Use the Courtroom
Presentation Rubric for assessment.
Assessments
Roles of Courtroom Participants Quiz and Key
Courtroom Presentation Rubric
Individual Work Rubric
Writing Rubric
Materials
Roles of Courtroom Participants computer-based presentation
Roles of Courtroom Participants Key Terms Handout
Group Activity Instructions
Computers
Presentation materials or computer-based presentation software
Resources
020547893X, Allyn & Bacon, Criminal Justice, 2006, James Fagin Law
Focused Education, Inc.
https://www.texaslre.org/jury_game/jurygame_intro.html
Accommodations for Learning Differences
For reinforcement, students will list terms and describe what each
participant’s role is during a criminal case and trial. Use the Individual Work
Rubric for assessment.
For enrichment, students will research state and federal prosecutors and
defense attorneys. Students will compare and contrast the roles and
responsibilities of both levels of prosecuting and defense attorneys and will
present their findings to the teacher in a written paper. Use the Writing
Rubric for assessment.
4
Copyright © Texas Education Agency, 2011. All rights reserved.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.292. Principles of Law, Public Safety, Corrections, and Security (OneHalf to One Credit).
(9)
The student identifies the roles and functions of court systems.
The student is expected to:
(A)
identify career opportunities in the court systems;
(C)
examine the roles of the courtroom work groups such as
judges, prosecutors, defense counsel, and bailiffs;
Career and College Readiness Standards
V. Research
A. Formulate topic and questions
1. Formulate research questions.
2. Explore a research topic.
C. Produce and design a document.
1. Design and present an effective product.
2. Use source material ethically.
5
Copyright © Texas Education Agency, 2011. All rights reserved.
Courtroom Activity Instructions
1. Your group is assigned (circle one)
Physical Layout
Decorum
Rules
2. Research your topic and choose a method to present the information you have discovered.
Please use information gathered from Texas State Courts or Federal Courts. Ideas for
presenting:
Poster board drawing
Computer-based presentation
Puppet show
Mini-play
Quiz show
3. Each member of the group must participate in the presentation.
4. Grading will be determined using the Courtroom Presentation Rubric. BE CREATIVE!!!
6
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________
Date__________________________
Roles of Courtroom Participants Quiz
Directions: Match the words with the definitions. There is only one word for each definition.
A Prosecutor
G Victim
B Clerk
H Deputy Sheriff/Bailiff
C Jury
I Defendant
D Lay Witness
J Expert Witness
E Defense Attorney
K Court Reporter
F Prosecutor
1. ____a group of citizens selected and sworn, according to law, to inquire about certain
facts about the evidence presented to them
2. ____the person against whom a criminal complaint or indictment is filed: the “accused
3. ____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
4. ____an attorney whose official duty is to conduct criminal proceedings on behalf of the
state or the people against those accused of having committed criminal offenses; also
called a District Attorney or State’s Attorney
5. ____a person who has either suffered death or serious physical or mental suffering, or
the loss of property resulting from actual or attempted criminal actions committed by
others
6. ____a person who has special knowledge and skills recognized by the court as relevant
to the determination of guilt or innocence; unlike lay witnesses, expert witnesses may
express opinions or draw conclusions with their testimony
7. ____an eyewitness, character witness, or other person called on to testify who is not
considered an expert. Lay witnesses must testify to facts only
8. ____a stenographer who transcribes every word spoken during a trial; transcripts are
necessary for appeal
9. ____the court officer whose duties are to keep order in the courtroom, secure witnesses,
maintain physical custody of the jury, and announce the entry of the judge
10. ____a government employee who works directly with the trial judge and is responsible for
court paperwork and records before and during the trial
7
Copyright © Texas Education Agency, 2011. All rights reserved.
Roles of Courtroom Participants Quiz Key
1. C
2. I
3. E
4. F
5. G
6. J
7. D
8. K
9. H
10. B
8
Copyright © Texas Education Agency, 2011. All rights reserved.
Name: ____________________________________
Date: ____________________________
Courtroom Presentation Rubric
Objectives
Comprehensiveness of
Information:
- Accuracy
- Logic
- Applicability
Comprehensiveness of
Research:
- Facts Gathered
- Resources
- Texas or Federal
Presentation Effectiveness:
- Logical
- Relates to the Courtroom
Topic
- Creative
Presentation Method:
- Appropriateness
- Logic
- Team Member
Participation
Exceptional
29-35 pts.
Information is accurate
and logical.
Lists all applicable
persons or policies.
Above Average
22-28 pts.
Accuracy and
logic=80%.
Lists all applicable
persons or policies.
Average
15-21 pts.
2 are true:
Information is
accurate/logical
Lists all applicable
persons or policies.
Below Average
8-14 pts.
1 is true:
Information is
accurate/logical
Lists all applicable
persons or policies.
25-30 pts.
Accurate/logical facts.
Appropriate number of
resources.
Texas or federal courts.
19-24 pts.
Accuracy & logic
=80%.
Appropriate number
of resources.
Texas or federal
courts.
13-18 pts.
2 are true:
Accurate, logical facts.
Texas or federal
courts.
Appropriate number of
resources.
17-20 pts.
Logical/easy to follow.
Clearly linked to the
courtroom topic.
Creativity keeps the
audience focused.
13-16 pts.
Logical, easy to
follow, and applicable
= 80% of the time
Audience focused.
13-15 pts.
Appropriate. Logical.
All members
participate.
10-12 pts.
Appropriate,
logical=80%
All participate.
9-12 pts.
2 are true:
Logical & easy to
follow.
Clear link to the
courtroom topic.
Audience focused.
7-9 pts.
2 are true:
Logical
Appropriate
All participate
7-12 pts.
1 is true:
Accurate, logical
facts.
Texas or federal
courts.
Appropriate number
of resources.
5-8 pts.
1 is true:
Logical and easy to
follow.
Clear link to the
courtroom topic.
Audience focused.
4-6 pts.
1 is true:
Logical
Appropriate
All participate
Poor
0-7 pts.
Inaccurate
information.
No lists of
applicable
persons or
policies.
0-6 pts.
Inaccurate,
illogical facts.
Lists no
resources.
Does not use
Texas or
federal courts.
0-4 pts.
Illogical,
inapplicable
defense, and/or
does not keep
the attention of
the audience.
0-3 pts.
No
presentation or
ineffective
presentation.
Pts.
Total Points (100 pts.)
Comments:
9
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
10
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
11
Copyright © Texas Education Agency, 2011. All rights reserved.