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    0138020272 ppt08 0138020272 ppt08 Presentation Transcript

    • Criminal Justice: A Brief Introduction Ninth Edition By Frank SchmallegerPearson Education, Inc.
    • Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Chapter 8 The Courtroom Work Group and the Criminal TrialPearson Education, Inc.
    • The Courtroom Work Group: Professional 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 • Outsiders are generally unfamiliar with courtroom organization and trial procedure – Jurors and witnesses, defendants and victims are outsidersCriminal Justice: A Brief Introduction, 9/e 3 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Judge • 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 • Weighing objections from both sides, deciding on the admissibility of evidence, sentencing offendersCriminal Justice: A Brief Introduction, 9/e 4 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The 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 • Missouri Plan for judicial selection – Also called the merit plan of judicial selectionCriminal Justice: A Brief Introduction, 9/e 5 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Prosecuting Attorney • 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 • State prosecutors are elected and generally serve four-year terms, with the possibility of continuing reelection • May serve as quasi-legal advisor to local police • Has the burden of proving guiltCriminal Justice: A Brief Introduction, 9/e 6 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Prosecuting Attorney • Prosecutorial Discretion – The decision-making power of prosecutors, based on the wide range of choices available to them • Brady v. Maryland (1963) • U. S. v. Bagley (1985) • Exculpatory Evidence – Any information having a tendency to clear a person of guilt or blame • Imbler v. Pachtman (1976) • Burns v. Reed (1991)Criminal Justice: A Brief Introduction, 9/e 7 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defense Counsel • 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 • Three categories of defense attorneys – Private attorneys – Court-appointed counsel – Public defendersCriminal Justice: A Brief Introduction, 9/e 8 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defense Counsel • 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 – Powell v. Alabama (1932) – Johnson v. Zerbst (1938) – Gideon v. Wainwright (1963)Criminal Justice: A Brief Introduction, 9/e 9 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defense Counsel – Argersinger v. Hamlin (1972) – In re Gault (1967) – Alabama v. Shelton (2002) • Assigned counsel – Also known as 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 governmentCriminal Justice: A Brief Introduction, 9/e 10 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defense Counsel • Public Defenders – An attorney employed by a government agency or subagency 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 casesCriminal Justice: A Brief Introduction, 9/e 11 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defense Counsel • Contractual arrangement – 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 their popularity is growing • Problems with indigent defense – Underfunded – Faretta v. California (1975) – Anders v. California (1967)Criminal Justice: A Brief Introduction, 9/e 12 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defense Counsel – People v. Wende (1979) – Smith v. Robbins (2000) – Texas v. Cobb (2001) • The ethics of defense – Nix v. Whiteside (1986)Criminal Justice: A Brief Introduction, 9/e 13 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Bailiff • Bailiff – The court officer 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. marshalsCriminal Justice: A Brief Introduction, 9/e 14 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Trial Court Administrator • Facilitate the smooth functioning of courts in particular judicial districts or areas • Provide uniform court management • 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 managementCriminal Justice: A Brief Introduction, 9/e 15 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Court Reporter • Role is to create a record of all that occurs during a trial • Also called a court stenographer or court recorder • The official trial record may later be transcribed in manuscript form and will become the basis for any appellate review of the trialCriminal Justice: A Brief Introduction, 9/e 16 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Clerk of Court • Maintains all records of criminal cases • Including all pleas and motions made • Prepares the jury pool, issues jury summons • Subpoenas witnesses for both prosecution and defense • Marks physical evidence for identification as instructed by the judge • Maintains custody of that evidenceCriminal Justice: A Brief Introduction, 9/e 17 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Expert Witnesses • Expert Witness – 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 evidenceCriminal Justice: A Brief Introduction, 9/e 18 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Outsiders: Nonprofessional Courtroom Participants • Lay Witness – 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 • Demarest v. Manspeaker et al (1991)Criminal Justice: A Brief Introduction, 9/e 19 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Jurors • 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 • Thiel v. Southern Pacific Co. (1945)Criminal Justice: A Brief Introduction, 9/e 20 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defendant • Generally, defendants must be present at their trial • Crosby v. U. S. (1993) • Zafiro v. U. S. (1993) • Defendants exercise choice in – Selecting and retaining counsel – Planning a defense strategy with counsel – Deciding what information to provide the defense teamCriminal Justice: A Brief Introduction, 9/e 21 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Defendant – Deciding what plea to enter – Deciding whether to testify personally – Determining whether to file an appeal if convictedCriminal Justice: A Brief Introduction, 9/e 22 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Spectators and the Press • Sixth Amendment right to a public trial • Nebraska Press Association v. Stuart (1976) • Change of Venue – The movement of a trial or lawsuit from one jurisdiction to another to ensure that the defendant receives a fail trial • Caribbean International News Corporation v. Puerto Rico (1993) • Cameras of all kinds are prohibited in all federal district criminal proceedingsCriminal Justice: A Brief Introduction, 9/e 23 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Criminal Trial • Procedure • Rules of Evidence – The court rules that govern the admissibility of evidence • Nature and Purpose – The determination of the defendant’s guilt or innocence – Factual guilt – Legal guiltCriminal Justice: A Brief Introduction, 9/e 24 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • The Criminal Trial • Adversarial System – The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defenseCriminal Justice: A Brief Introduction, 9/e 25 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Stages in a Criminal Trial • Trial initiation – Sixth Amendment right to a speedy trial – Klopfer v. North Carolina (1967) – Barker v. Wingo (1972) – Strunk v. U. S. (1973) – U. S. v. Taylor (1988) – Fex v. Michigan (1993) – Doggett v. U. S. (1992)Criminal Justice: A Brief Introduction, 9/e 26 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Stages in a Criminal Trial • Jury selection – Sixth Amendment right to an impartial jury – Challenges to the array – Challenges for cause – Peremptory Challenges • The right to challenge a potential juror without disclosing the reason for the challenge – Voir dire – Witherspoon v. Illinois (1968) – Mu’Min v. Virginia (1991)Criminal Justice: A Brief Introduction, 9/e 27 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Stages in a Criminal Trial • 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 • Sequestered Jury – A jury that is isolated form the public during the course of a trial and throughout the deliberation processCriminal Justice: A Brief Introduction, 9/e 28 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Stages in a Criminal Trial • Jury selection and race – Race alone cannot provided the basis for jury selection – Batson v. Kentucky (1986) – Ford v. Georgia (1991) – Powers v. Ohio (1991) – Georgia v. McCollum (1992) – J.E.B. v. Alabama (1994) – Campbell v. Louisiana (1998) – Miller-El v. Cockrell (2003)Criminal Justice: A Brief Introduction, 9/e 29 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Presentation of Evidence • Types 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 trialCriminal Justice: A Brief Introduction, 9/e 30 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Presentation of Evidence • Harmless error rule • Testimony of witnesses – Testimony • The oral evidence offered by sworn witness on the stand during the trial – Fifth Amendment right to remain silent – Griffin v. California (1965) – Ohio v. Reiner (2001) – Direct examination – Cross-examinationCriminal Justice: A Brief Introduction, 9/e 31 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Presentation of Evidence • Children as witnesses – Coy v. Iowa (1988) – Maryland v. Craig (1990) – Idaho v. Wright (1990) – White v. Illinois (1992) • The hearsay rule – Hearsay • Something that is not based on personal knowledge of a witnessCriminal Justice: A Brief Introduction, 9/e 32 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Presentation of Evidence • Hearsay Rule – Long-standing precedent that hearsay cannot be used in American courtrooms • Hearsay rule is based on the Sixth Amendment’s Confrontation Clause • Exceptions to hearsay – Dying declaration – Spontaneous statements – Out-of-court statementsCriminal Justice: A Brief Introduction, 9/e 33 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Judge’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 • Other states only permit judges to summarize in an objective and impartial manner • Following the charge, the jury begins deliberationsCriminal Justice: A Brief Introduction, 9/e 34 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Jury Deliberations and the Verdict • Deliberations process • Verdict – The decision of the jury in a jury trial or of a judicial officer in a nonjury trial • Hung jury • Allen v. U. S. (1896)Criminal Justice: A Brief Introduction, 9/e 35 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
    • Jury Deliberations and the Verdict • Problems with the jury system – Question the ability of the American jury system to do its job – Many cannot be expected to understand modern legal complexities – Fear personal retaliation – Professional jurorsCriminal Justice: A Brief Introduction, 9/e 36 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved