This document discusses the key participants in a criminal courtroom trial known as the courtroom work group. It describes the roles of the judge, prosecuting attorney, defense attorney, bailiff, court reporter, clerk of court, expert witnesses, lay witnesses, jurors, and victims. The judge oversees the trial and weighs objections from both sides. The prosecuting attorney represents the state in arguing for conviction, while the defense attorney argues for acquittal of the defendant. Other participants like the bailiff and court reporter ensure order and create an official record of the trial proceedings.

1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
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ELEVENTH EDITION
The Courtroom Work
Group and the Criminal
Trial
8

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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
continued on next slide

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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.

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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
continued on next slide

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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.

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The JudgeThe Judge
• Missouri Plan for judicial selection
 Also called the merit plan of judicial
selection

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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.
continued on next slide

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The Prosecuting AttorneyThe Prosecuting Attorney
• Prosecutors may serve as quasi-legal
advisor to local police.
• Prosecutors have the burden of proving
guilt.
continued on next slide

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The Prosecuting AttorneyThe Prosecuting Attorney
• 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

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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
continued on next slide

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The Defense CounselThe 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
continued on next slide

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The Defense CounselThe Defense 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.
continued on next slide

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The Defense CounselThe Defense Counsel
• Public defenders
 Attorneys employed by a government
agency or sub-agency for the purpose of
providing defense services to indigents
continued on next slide

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The Defense CounselThe Defense Counsel
• 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.
continued on next slide

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The Defense CounselThe Defense Counsel
• 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.
continued on next slide

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The Defense CounselThe Defense Counsel
• Problems with indigent defense
 Underfunded
 The ethics of defense

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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.

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The Trial Court AdministratorsThe Trial Court Administrators
• Facilitate the smooth functioning of
courts in particular judicial districts or
areas
• Provide uniform court management
continued on next slide

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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

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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.

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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
continued on next slide

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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

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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

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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

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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

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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
continued on next slide

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The VictimThe Victim
• General lack of knowledge about the
criminal justice system, courtroom
procedure, and legal issues
• Trauma of testifying and of cross-
examination

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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.
continued on next slide

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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.

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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)

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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
continued on next slide

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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

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

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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
continued on next slide

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Jury SelectionJury Selection
• 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
continued on next slide

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Jury SelectionJury Selection
• Sequestered jury
 A jury that is isolated form the public
during the course of a trial and
throughout the deliberation process

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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

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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
continued on next slide

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Presentation of EvidencePresentation of Evidence
• Evaluation of evidence
 Probative value
• The degree to which evidence is useful in
proving something important in a trial
continued on next slide

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Presentation of EvidencePresentation of Evidence
• 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
continued on next slide

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Presentation of EvidencePresentation of Evidence
• Testimony
 The oral evidence offered by sworn
witness on the stand during the trial
• Fifth Amendment right to remain silent
continued on next slide

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Presentation of EvidencePresentation of Evidence
• 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
continued on next slide

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Presentation of EvidencePresentation of Evidence
• Children as witnesses
 Coy v. Iowa (1988)
 Maryland v. Craig (1990)
 White v. Illinois (1992)
continued on next slide

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Presentation of EvidencePresentation of Evidence
• Hearsay
 Something that is not based on personal
knowledge of a witness
• Hearsay Rule
 Longstanding precedent that hearsay
cannot be used in American courtrooms
continued on next slide

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Presentation of EvidencePresentation of Evidence
• Exceptions to hearsay
 Dying declaration
 Spontaneous statements
 Out-of-court statements

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

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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.
continued on next slide

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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.

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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)

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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