Chapter 8
The Courtroom Work GroupProfessional Courtroom Actors
& the Criminal Trial
1
The Courtroom Work Group

Courtroom professional work group refers
to:
The professional courtroom actors: Judge, prosecuting
attorneys, defense attorneys, public defenders, bailiff, Court
reporter, Clerk of the Court and Expert witnesses.

_____________:
Lay witnesses, Jurors, Defendant, Victim, spectators and
the media

It involves a ___________________rules
of civility, cooperation, and shared goals.
2
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
3
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)
4
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.
5
The Prosecuting Attorney

The prosecutor is:
Elected in all but five states. Five states and Federal
Government appoint prosecutors
An attorney whose official duty is to ________________
proceedings on behalf of the state or the people against
those accused of having committed criminal offenses.

The role of the prosecutor is:
– To ________________
– To act as quasi-legal advisor of local police.
– To demonstrate guilt ________a reasonable
doubt.
6
Prosecutorial Discretion

Prosecutorial discretion refers to:
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
___________________.

The most important form of prosecutorial
discretion lies in the power to __________
person with an offense.
7
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 ___________
8
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.
9
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.”
10
The Defense Counsel

The defense counsel is:
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.

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 ___________
11
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.
12
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 imprisonmentincluding misdemeanor cases
– In re Gault (1967)
 Right to an attorney given to juveniles
13
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
14
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
15
The Ethics of Defense

Four main groups of standards
– Canons of Professional _________
– Model Code of Professional Responsibility
– Model Rules of Professional Conduct
– Standards for _____________
16
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.
17
The Bailiff

The bailiff is:
The court officer whose duties are to keep order in the
courtroom and to maintain physical custody of the jury.

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.
18
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
19
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
20
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 swear in witnesses
– Marks _______________ for identification
21
The Expert Witness

The expert witness is:
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 _____________ or draw conclusions
in their testimony.
22
Outsiders: Nonprofessional
Courtroom Participants

The lay witness is:
An eyewitness, character witness, or other person called on to
testify who is not considered an expert.

Lay witnesses must testify to the _________
(direct knowledge) and must not draw
conclusions or express opinions.

A _________ is:
A written order issued by a judicial officer or grand jury
requiring an individual to appear in court and give testimony.
23
Jurors
Established by the Constitution
 A juror is:

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

Jurors are expected to render verdicts of
“guilty” or “not guilty” as to the charges.

“__________” is the inability to give a
verdict.
24
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
25
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.
26
The Defendant

Defendants exercise choice in:
– Counsel.
– _____________
– Information to divulge.
– Whether to testify.
– Whether to plea.
– Whether to file an appeal.
27
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.
28
The Criminal Trial
The purpose is to determine defendant’s guilt or
innocence.
 Procedures in a modern courtroom are highly
formalized.


_____________ refer to:
Highly formalized. Court rules that govern the
admissibility of evidence at criminal hearings and trials.

Based partially on tradition.

Circumscribed by informal rules and professional
expectations.
29
Nature & Purpose of the Criminal Trial

______________ system refers to:
The two-sided structure under which American criminal trial
courts operate that pits the prosecution against the defense.

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

30
Eight Stages in a Criminal Trial
31
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.
32
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.”
33
Jury Selection

The Sixth Amendment guarantees the right to
an impartial jury unbiased; (free of preconceived
notions of guilt).

Jury selection refers to:
The process whereby, according to law and precedent, members of a
particular trial jury are chosen.

Three _____of challenges:
– Challenges to the array
– Challenges for cause
– Peremptory challenges
34
Jury Selection

________ examination is the questioning
of potential jurors in order to select
unbiased individuals.

Peremptory challenge refers to:
The right to challenge a potential juror ______ disclosing
the reason for the challenge (limited number of
peremptory challenges)

Scientific jury selection
35
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.
36
Opening Statements

Opening statement refers to:
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.

Evidence is ________offered.

Defense may choose to focus on the
prosecutor’s burden of proof __________
37
The Presentation of Evidence

Evidence refers to:
Anything useful to a judge or jury in deciding the
facts of a case.
 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”
38
The Testimony of Witnesses
Judge decides which evidence can be
presented to the jury.
 Testimony refers to:

_____________ offered by a sworn witness on the
witness stand during a criminal trial.

Perjury refers to:
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.
39
The Hearsay Rule

Hearsay refers to:
Something that is not based on the personal knowledge
of a witness.

The _____________ is a long-standing
precedent in which hearsay (secondhand
evidence) 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.
40
Closing Arguments

Closing argument refers to:
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.

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 – ____________________

41
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 _____________”.
42
Jury Deliberation and the Verdict

The verdict is:
The decision of the jury in a jury trial or of a
judicial officer in a non-jury trial.

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.
43
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.
44
Improving the Process

Suggestions for improving jury system:
– Replace jury with a panel of _________
– Replace jury with _____________jurors
 Dependability
 Knowledge
 Equity
45