Chapter Five:
THE DYNAMICS OF
COURTHOUSE JUSTICE
From the perspective of the offender,
the victim, the witness, and the juror Are the Courthouse and Courtroom imposing
entities ?
If they are,
what makes them that way?
Dynamics of the Courtroom
Courtroom Expectations

Trials

Adversarial behavior

Courtroom Reality

Pleas and assemblyline justice

Cooperation more than
conflict

Informal rules and
shared norms guide
prosecutors at the
charging stage and
judges at the bail and
sentencing stage.
Discretionary decisions
guided by formal rules
Assembly-line Justice:
Dealing with Large Caseloads

Either efficient court administrators or the clerk of
the court can streamline court procedures.

Group processing of offenders during the initial
appearance can enhance court procedures.

The “going rate” of various charges is
predetermined by the courtroom workgroup and
tends to accelerate the court process.

Routine administration of those cases which do not
dispute question of law or fact – usually by plea.
Discretion
Subcomponents
The lawful ability of an
agent of the
government
to exercise choice
in making a decision.

Legal judgments, i.e., arrests,
charges, sentencing.

Policy priorities, i.e., the “War”
on drugs.

Personal philosophies, i.e.,
varying views on the purpose of
the law – for example, the death
penalty.
What other issues can
affect discretion at the
various stages of the
criminal justice process?
(for example, if you were a judge, what might affect
your decisions other than
the previously described subcomponents?)
The Courtroom Workgroup

The courtroom actors include judges,
prosecutors, defense attorneys, clerks, and
probation officers.

There is no hierarchy of tasks.

Each actor is separate and independent.

The courtroom workgroup is mutually
interdependent.
The Courtroom Workgroup
(cont’d)

This complex network is based on shared norms and
a group sense of justice when dealing with “normal”
crimes.

There is a socialization process.

There are inter-group internal sanctions.

Stability of courtroom workgroups varies from
courtroom to courtroom and community to
community.
Delay
Delay is defined as abnormal or
unacceptable
lapses in the processing of
court cases.
What is unnecessary delay?
What is the federal remedy?
Major Issues of Case Delay

Delay jeopardizes speedy-trial laws (6th Amendment).

Delay jeopardizes speedy convictions.

Delay erodes public confidence.

Delay can force either detrimental plea bargains or
unduly lenient negotiated bargains.

Delay can extend jail overcrowding and defendant’s
skipping court appearances.
How does delay affect the offender at various
stages of the criminal justice process?
What stage would be most important?
(bail, charging, plea bargaining)
According to Barker v. Wingo (1972),
what was the Court’s explanation
of the right to a speedy trial?
What are several ways in
which to improve
case loads and delays?
Is gender bias
a problem
created by the court system?