The chapter discusses the criminal trial process including participants and their roles. It covers pre-trial proceedings like determining charges, bail, competency evaluations, and plea bargaining. Over 90% of defendants plead guilty through plea bargaining. The chapter also covers the roles of participants in a criminal trial like the prosecutor, defense attorney, judge, bailiff and court recorder. The goal is to ensure justice through a fair trial process.

1. Chapter 7
Courtroom Participants and the Trial
Chapter Outline
I. The Adjudication Process
Jurisdiction
Trials in Courts of Limited Jurisdiction
Trials in Courts of General Jurisdiction and Federal District Courts
II. Charges and Proceedings before Trial
Determining the Charges: The Police and the Prosecutor
Bail
Competency to Stand Trial and the Insanity Defense
Plea Bargaining
III. Preparation for the Criminal Trial
The Sixth Amendment Right to a Speedy Trial
The Speedy Trial Act of 1974
Rules of Evidence
IV. Participants in the Criminal Trial
Duties and Rights of Participants
V. The Criminal Trial
Justice Is the Goal

2. Learning Objectives
After completion of this chapter, students should be able to:
1. Describe the basic legal philosophy of a criminal trial.
2. Understand how court jurisdiction is determined.
3. Identify major pretrial proceedings.
4. Explain the Sixth Amendment requirement for a speedy trial.
5. Know the roles of the participants in a criminal trial.
Key Terms
Arraignment (p. 112) a short hearing before the judge in which the charges against the
defendant are announced
Bail (p. 112) a promise, sometimes backed by a monetary guarantee, that the accused will return
for further proceedings
Bail bondsagent (p. 113) an agent of a private commercial business that has contracted with the
court to act as a guarantor of a defendant’s return to court
Bailiff (p. 119) a county deputy sheriff or U.S. deputy marshal responsible for providing security
and maintaining order in a courtroom
Barker v. Wingo (p. 117) the court ruled that the defendant’s failure to request a speedy trial
does not negate the defendant’s right to a speedy trial
Bench trial (p. 122) a trial in which the judge rather than a jury makes the determination of
guilty
Charge to the jury (p. 121) written instructions about the application of the law to a case that
the judge gives to the jury to help them reach a verdict
Circumstantial evidence (p. 121) evidence that implies that the defendant is connected to the
crime but does not prove it
Clearing cases (p. 115) refers to the status of a criminal offense. When the police or prosecutor
assert that the perpetrator of the crime is known the case is “cleared”

3. Clerk of court (p. 119) a government employee who works directly with the trial judge and is
responsible for court paperwork and records before and during a trial
Competent to stand trial (p. 114) the concept that a defendant comprehends the charges against
him or her and is able to assist his or her attorney with the defense
Conditional release (p. 114) a bail alternative in which the defendant is released from custody if
he or she agrees to court-ordered terms and restrictions
Contempt of court (p. 118) a charge against any violator of the judge’s courtroom rules,
authorizing the judge to impose a fine or term of imprisonment
Court docket (p. 116) the calendar on which court cases are scheduled for trial
Court recorder (court reporter) (p. 119) a stenographer who transcribes every word spoken by
the judge, attorneys, and witnesses during a trial
Defense attorney (p. 119) the defendant will have an attorney appointed by the court or a private
attorney paid for by the defendant to represent him or her in the trial
Direct evidence (p. 121) evidence that connects the defendant with the crime
Double jeopardy (p. 109) the rule that a defendant can be charged only once and punished only
once for a crime; if tried and found innocent, the defendant cannot be retried even if new
evidence of his or her guilt is discovered
Due process (p. 110) rules and procedures for protecting individuals accused of crimes from
arbitrary and excessive abuse of power by the government
Excessive bail (p. 112) Eighth Amendment prohibits bail which is excessive but there is no
uniform standard as what “excessive” is
Expert witness (p. 121) gives testimony based on his or her expert knowledge and can make
inferences beyond the facts
Gag order (p. 122) a judge’s order to participants and observers at a trial that the evidence and
proceedings of the court may not be published, broadcasted, or discussed publicly
Grand jury (p. 110) a panel of citizens that decides whether there is probable cause to indict a
defendant on the alleged charges
Indigent defense (p. 122) the right to have an attorney provided free of charge by the state if a
defendant cannot afford one, established in Gideon v.Wainwright (1963)

4. Initial appearance (p. 110) the Court determines the charges against the defendant are
legitimate, advises the defendant of his or her rights, sets bail, and assesses the need for legal
representation for the defendant
Lay witness (p. 120) a citizen who testifies only to what he or she heard, saw, felt, smelled, or
otherwise directly experienced
Legal standards of evidence (p. 121) standards requiring that evidence and the testimony of
witnesses must be competent, material, and relevant
Hearsay evidence (p. 120) information about a crime obtained secondhand from another rather
than directly observed
Plea bargaining (p. 115) the negotiation between defendant and prosecutor for a plea of guilty
for which in return the defendant will receive some benefit such as reduction of charges or
dismissal of some charges
Preliminary hearing (p. 110) a hearing before a magistrate judge in which the prosecution
presents evidence to convince the judge that there is probable cause to bring the defendant to trial
Pretrial motions (p. 110) are requests by the prosecutor or defense made in advance of the trial
Real evidence (p. 120) physical evidence, such as a gun, a fingerprint, a photograph, or DNA
matching
Release on recognizance (ROR) (p. 114) provides for the pretrial release of the accused, based
merely on the defendant’s unsecured promise to appear at trial
Rules of evidence (p. 118) administrative court rules governing the admissibility of evidence in
a trial
Sentence bargaining (p. 116) the defendant negotiates with the prosecutor for a reduction in
length of sentence, reduction from capital murder to imprisonment, probation rather than
incarceration, or institution where the sentence is to be served in return for a guilty plea
Signature bond (p. 114) the release of a defendant based on his or her signature on a promise to
appear in court, usually for minor offenses such as traffic violations
Statute of limitations (p. 116) legal limits regarding the length of time between the discovery of
a crime and the arrest of the defendant
Taylor v. Louisiana (p. 123) ruled the exclusion of women from jury duty created an imbalance
in the jury pool
Testimonial evidence (p. 120) the testimony of a witness

5. Unsecured bond (p. 114) releases the defendant based on his or her signing a promissory note
agreeing to pay the court an amount similar to a cash bail bond if he or she fails to fulfill the
promise to appear at trial
Voir dire (p. 120) the process through which a jury is selected from the members of the jury
pool who have been determined to be eligible for service
Chapter Summary
A criminal trial is very complex event involving many participants who are doing work behind
the scene. The three types of criminal trials occur in either state trials in courts of limited
jurisdiction, state trials in courts of general jurisdiction, or federal criminal trials. Trials in courts
of limited jurisdiction are brief and involve misdemeanor crimes. The majority of trials are
conducted in state courts of general jurisdiction.
The police and the prosecutor must work together to bring charges against the defendant.
This relationship serves as a check and balance for the potential abuse of power. Prior to a trial,
the court decides if the defendant is to be granted bail or denied because of concern for public
safety. Given that many trials take months to reach the courtroom, the poor are many times at a
disadvantage spending more time in jail than most awaiting trial. Prior to trial it is the court’s
responsibility to assess the defendant’s competence to understand the charges against them. If the
defendant is not competent to stand trial, the trial is postponed, while the court orders a series of
psychiatric evaluations.
The process of plea bargaining is a very important mechanism for reducing the back log of
pending cases, and over 90 percent of defendants do plead guilty. Plea bargaining can focus on a
reduction in charges or the on the length of sentencing. Because of the Speedy Trial Act of 1974,
most defendants must be brought to trial within 100 days of arrest. This requirement places great
stress on the resources of the prosecutor and the court to meet this expectation under the Sixth
Amendment.
Prior to the trial, both prosecutor and defense counsel to the case might make a number of
pretrial motions, including: motions for continuance, discovery, change of venue, suppression,
bill of particulars, severance of charges or defendants, as well as case dismissal.
The court recorder records every word spoken at the trial for permanent record. The bailiff is
responsible for security and escorting the jury. The prosecutor is responsible for presenting the
evidence against the defendant. The judge determines what evidence can be presented to ensure
that the defendant gets a fair trial. Defendants are entitled to court-appointed counsel if they
cannot afford a lawyer.
Media to Explore
Go to www.uscourts.gov/districtcourts.html, the official Web site of the federal judiciary, for
information about the district courts, including many links to other resources.
Go to www.bailacademy.org/index1.html to view training programs for bonds agents.

6. Go to http://criminal.findlaw.com/crimes/criminal_stages/criminal_pre_trial_motions/ for
further information regarding pretrial motions.
Go to http://www.state.i.us/court/ for extensive information about the history and personnel of
the state of Illinois court system. Each of the state courts will have a similar Web site that you
can visit for information about the court system. For example, the Web site for California courts
is http://www.courtinfo.ca.gov/courts/index.htm
Visit the Web site http://www.law.umkc.edu/faculty/projects/trials/hinckleyinsanity.htm for
information concerning the insanity defense.
The American Bar Association provides information about the right to a speedy trial at
http://www.abanet.org/crimjust/standards/speedytrial_blk.html