Schmalleger ch08 lecture

Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction

CHAPTER

Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved

Criminal Justice: A Brief Introduction, 11eFrank Schmalleger

ELEVENTH EDITION

The Courtroom Work Group and the Criminal Trial

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The Courtroom Work Group: The Courtroom Work Group: Professional Courtroom ActorsProfessional Courtroom Actors

• Trial The examination in court of the issues of

fact and relevant law in a case for the purpose of convicting or acquitting the defendant

• Courtroom work group The professional courtroom actors,

including judges, prosecuting attorneys, defense attorneys, public defenders

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The Courtroom Work Group: The Courtroom Work Group: Professional Courtroom ActorsProfessional Courtroom Actors

• Outsiders are generally unfamiliar with courtroom organization and trial procedure.

• Jurors, witnesses, defendants, and victims are outsiders.



The JudgeThe Judge

• An elected or appointed public official who presides over a court of law

• The trial judge has the primary duty of ensuring justice. Holds the ultimate authority and weighs

objections from both sides Decides on the admissibility of evidence

and sentences offenders




The JudgeThe Judge

• Judicial selection Federal-level judges are nominated by

the president and conformed by the Senate.

State judgeships are won through either popular election or political appointment.



The JudgeThe Judge

• Missouri Plan for judicial selection Also called the merit plan of judicial

selection



The Prosecuting AttorneyThe Prosecuting Attorney

• 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

• State prosecutors are elected and generally serve four-year terms, with the possibility of continuing reelection.





• Prosecutors may serve as quasi-legal advisor to local police.

• Prosecutors have the burden of proving guilt.





• Prosecutorial Discretion The decision-making power of

prosecutors, based on the wide range of choices available to them

• Exculpatory Evidence Any information having a tendency to

clear a person of guilt or blame



The Defense CounselThe Defense Counsel

• 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

• Private Attorneys• Court-Appointed Counsel• Public Defenders





• Private attorneys Have either their own practice of work

for law firms in which they are partners or employees• Charge by the hour

• Court-appointed counsel Sixth Amendment guarantees criminal

defendants the effective assistance of counsel





• Assigned counsel Also known as a court-appointed

defense attorney Usually drawn from a roster of all

practicing attorneys within the jurisdiction of the trial court

Fees are paid at a rate set by the state or local government.





• Public defenders Attorneys employed by a government

agency or sub-agency for the purpose of providing defense services to indigents





• Two 2010 BJS reports found that a public defender system is the primary method used to provide indigent counsel. Approximately 1,000 public defender

offices receive nearly 5.6 million cases.





• Contractual agreement County and state officials arrange with

local criminal lawyers to provide for indigent defense on a contractual basis.

The least widely used form of indigent defense, although its popularity is growing.





• Problems with indigent defense Underfunded The ethics of defense



The BailiffThe Bailiff

• Bailiffs are court officers whose duties are to keep order in the courtroom, to secure witnesses, and to maintain physical custody of the jury.

• Bailiffs in the federal courtroom are deputy U.S. marshals.



The Trial Court AdministratorsThe Trial Court Administrators

• Facilitate the smooth functioning of courts in particular judicial districts or areas

• Provide uniform court management




The Trial Court AdministratorsThe Trial Court Administrators

• Are able to relieve judges of many routine and repetitive tasks such as record-keeping, scheduling, case-flow analysis, personnel administration, space utilization, facilities planning, and budget management



The Court ReporterThe Court Reporter

• Also called a court stenographer or court recorder

• Role is to create a record of all that occurs during a trial.

• The official trial record may later be transcribed in manuscript form and will become the basis for any appellate review of the trial.



The Clerk of CourtThe Clerk of Court

• Maintains all records of criminal cases, Including all pleas and motions made

• Prepares the jury pool, issues jury summons




The Clerk of CourtThe Clerk of Court

• Subpoenas witnesses for both prosecution and defense

• Marks physical evidence for identification as instructed by the judge; and maintains custody of that evidence



Expert WitnessesExpert Witnesses

• A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence Can express opinions or draw

conclusions in their testimony Is usually viewed by jurors as more

trustworthy than other forms of evidence



WitnessesWitnesses

• Lay witnesses An eyewitness, character witness, or

other person called on to testify who is not considered an expert

• Subpoena A written order issued by a judicial

officer or grand jury requiring an individual to appear in court and give testimony



JurorsJurors

• Juror A member of the 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 of law



The VictimThe Victim

• All victims are not clearly identifiable; often they are the most forgotten people in the courtroom.

• Uncertainty as to their role in the criminal justice process




The VictimThe Victim

• General lack of knowledge about the criminal justice system, courtroom procedure, and legal issues

• Trauma of testifying and of cross-examination



The DefendantThe Defendant

• Generally, defendants must be present at their trial.

• Defendants exercise choice in: Selecting and retaining counsel. Planning a defense strategy with

counsel.




The DefendantThe Defendant

• Defendants exercise choice in: Deciding what information to provide

the defense team, what plea to enter, whether to testify personally, and determine whether to file an appeal if convicted.



Spectators and the PressSpectators and the Press

• Sixth Amendment right to a public trial• Change of venue

The movement of a trial or lawsuit from one jurisdiction to another to ensure that the defendant receives a fair trial

• Cameras of all kinds are prohibited in all federal district criminal proceedings. Caribbean International News

Corporation v. Puerto Rico (1993)



The Criminal TrialThe Criminal Trial

• Nature and purpose The determination of the defendant's

guilt or innocence• Factual guilt and legal guilt

• Rules of evidence The court rules that govern the

admissibility of evidence




The Criminal TrialThe Criminal Trial

• Adversarial system The two-sided structure under which

American criminal trial courts operate that pits the prosecution against the defense



Trial InitiationTrial Initiation

• Sixth Amendment right to a speedy trial• U.S. v. Taylor (1988)• Fex v. Michigan (1993)• Doggett v. U.S. (1992)



Jury SelectionJury Selection

• Sixth Amendment right to an impartial jury Challenges to the array and challenges

for cause Peremptory challenges• The right to challenge a potential juror

without disclosing the reason for the challenge

Voir dire





• Scientific jury selection The use of correlational techniques from

the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal

• Shadow jury Assess the impact of a defense

attorney's arguments





• Sequestered jury A jury that is isolated form the public

during the course of a trial and throughout the deliberation process



Opening StatementsOpening Statements

• 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



Presentation of EvidencePresentation of Evidence

• Direct Evidence Proves a fact without requiring an

inference

• Circumstantial Evidence Indirect and requires an inference

• Real Evidence Consists of physical material or traces of

physical activity





• Evaluation of evidence Probative value• The degree to which evidence is useful in

proving something important in a trial





• Harmless Error Rule Places the burden on the prosecution to

show that the jury's decision would most likely have been the same even in the absence of the inappropriate evidence





• Testimony The oral evidence offered by sworn

witness on the stand during the trial• Fifth Amendment right to remain silent





• Testimony Oral evidence offered by a sworn

witness on the witness stand during a criminal trial

• Perjury 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





• Children as witnesses Coy v. Iowa (1988) Maryland v. Craig (1990) White v. Illinois (1992)





• Hearsay Something that is not based on personal

knowledge of a witness

• Hearsay Rule Longstanding precedent that hearsay

cannot be used in American courtrooms





• Exceptions to hearsay Dying declaration Spontaneous statements Out-of-court statements



Closing ArgumentsClosing Arguments

• Conclusion of a criminal trial, both sides have the opportunity for a final narrative presentation to the jury



Judge's Charge to the JuryJudge's Charge to the Jury

• Judge may provide a summary of the evidence presented.

• About half of all states allow judges the freedom to express their own views as to the credibility of witnesses and the significance of evidence.




Judge's Charge to the JuryJudge's Charge to the Jury

• Other states only permit judges to summarize in an objective and impartial manner

• Following the charge, the jury begins deliberations.



Jury DeliberationsJury Deliberations

• Verdict The decision of the jury in a jury trial or

of a judicial officer in a nonjury trial

• Allen v. U.S. (1896)



VerdictVerdict

• Problems with the jury system Jury members may question the ability

of the American jury system to do its job.

Jury members cannot be expected to understand modern legal complexities and may fear personal retaliation.

Professional jurors

Schmalleger ch08 lecture

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