Dynamics Of Courthouse Justice Chapter Five 1 Courthouse Actors • Lawyers: – Prosecutor – Public Defender – Private Defense Attorney – Judge – Law clerk • Court Support Staff: – – – – – Clerk of Court Court Reporter Secretary Translator Court Administrator 2 Other Courthouse Actors • Law Enforcement: – Court Security Staff – Sheriff’s Deputy – Bailiff • Corrections: – Probation Officer – Pretrial Services – Drug Rehabilitation Programs • Public – – – – – – – – – – Bail Agent Newspaper Reporter Defendant Victim Witness Jurors Rape Crises Center Child Advocate Court watchers Victim/Witness Assistance 3 Who Manages the Courts? • Job varies from jurisdiction to jurisdiction • Most common variation include: – Clerks of Court – Chief Judges – Court Administrators 4 Clerk of Court • Responsibilities: – – – – Docketing (Scheduling) cases Collecting fees Overseeing Jury Selection Maintaining court records • Most operate semi-autonomously from the judge 5 Assembly-Line Justice • The operation of any segment of the criminal justice system with such speed and impersonality that defendants are treated as objects to be processed rather than as as individuals. • This is due to the disparity between the number of cases vs the number of judges and the number of prosecutors, defense attorneys, and probation officers. • Mass-production techniques are utilized. 6 Discretion • • The lawful ability of an agent of government to exercise choice in making a decisions. Three sub-components: 1. Legal Judgments 2. Policy Priorities 3. Personal Philosophies 7 Legal Judgments Examples: • Prosecutor decides whether or not to file criminal charges • Prosecutor decides which charge(s) to file • Prosecution decides to utilize pre-trial diversion or probation 8 The Courtroom Workgroup • • • • • • Mutual Interdependence Shared Decision Making Socialization Normal Crimes Rewards and Sanctions Variability 9 Delays in Court • Delay: abnormal or unacceptable time lapses in the processing of cases. • The American Bar Association (ABA) recommends that all felony cases should reach disposition within one year of filing. • Court delay jeopardizes the 6th Amendment. • Number of states have enacted speedy trial laws 10 Speedy Trial Issues • Sixth Amendment – Right to a speedy trial. • Speedy Trial Act of 1974 (Federal) – 30 days from arrest to arraignment – 70 days form indictment to trial • Barker v. Wingo – The right to a speedy trial is relative, not absolute. 11