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Administration Of Justice
Chapter 8
CHAPTER 8
<DIR>
The Courtroom Work Group and the Criminal Trial </DIR>
Courtroom Work Group
Courtroom Work Group
<DIR>
Judges </DIR>
Professionals
<DIR>
Judge
primary duty is to ensure justice and fairness
rules on most matters of the law
decides on the admissibility of evidence </DIR>
Professionals
<DIR>
Judge
maintains discipline in the courtroom
sentences offenders found guilty
determines guilt in non-jury trials </DIR>
Judicial Selection
<DIR>
Federal Level </DIR>
Judicial Selection
<DIR>
State Level </DIR>
Judges: Qualifications
<DIR>
At general and appellate levels:
Prosecutors </DIR>
Prosecuting Attorney
<DIR>
Also called: </DIR>
Prosecutor
<DIR>
Federal prosecutors are called U.S. Attorneys. </DIR>
Prosecutor
<DIR>
At the state level, most prosecutors are elected for a four-year term.
</DIR>
Professionals
<DIR>
Prosecutor
presents information/evidence to the grand jury
decides which charges are to be filed against the defendant
</DIR>
Professionals
<DIR>
Prosecutor
introduces evidence against the defendant at trial
directs testimony of witnesses for the state
</DIR>
Brady v. Maryland (1963)
<DIR>
U.S. Supreme Court held that the prosecution is required to disclose to the defense any exculpatory evidence in its possession that directly or indirectly relates to claims of either guilt or innocence. </DIR>
U.S. v. Bagley (1985)
<DIR>
The Court ruled that prosecution must disclose any evidence in its possession that the defense requests. </DIR>
U.S. v. Bagley (1985)
<DIR>
To withhold evidence, even when it does not directly relate to issues of guilt or innocence, may mislead the defense into thinking that such evidence does not exist. </DIR>
Abuse of Discretion
<DIR>
By virtue of their position, prosecutors
may be abuse their discretion by… </DIR>
Abuse of Discretion
<DIR>
By virtue of their position, prosecutors
may abuse their discretion by…
Defense Counsel </DIR>
Professionals
<DIR>
Defense Counsel
represents the accused
participates in plea negotiations
prepares a defense
calls witnesses
</DIR>
Professionals
<DIR>
Defense Counsel
refutes case presented by prosecutor
presents arguments at time of sentencing
files appeals
</DIR>
Defense Counsel
<DIR>
Types of Defense Counsel </DIR>
Criminal Defense
of the Poor
Powell v. Alabama (1932)
<DIR>
Criminal Defense of the Poor
The Court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with a capital offense. </DIR>
Johnson v. Zerbst (1938)
<DIR>
Criminal Defense of the Poor
U.S. Supreme Court established the right of indigent offenders to have legal counsel appointed for them in all federal cases. </DIR>
Gideon v. Wainwright (1963)
<DIR>
Criminal Defense of the Poor
This case extended the right to appointed counsel for indigents in all felony cases. </DIR>
Argersinger v. Hamlin (1972)
<DIR>
Criminal Defense of the Poor
The U.S. Supreme Court extended the right of indigent offenders to have legal representation
in any case where they could lose their liberty (including misdemeanor cases). </DIR>
In re Gault (1967)
<DIR>
Criminal Defense of the Poor
The U.S. Supreme Court extended the right to legal counsel for juveniles charged with a delinquent act. </DIR>
Criminal Defense
of the Poor
<DIR>
Three Types of Programs </DIR>
Court Assigned Counsel
<DIR>
Fee paid based on state rate (most widely used).
Fee is usually low, raising questions about the level of commitment of defense attorneys.
Roster of local attorneys who are willing to take cases under established fees. </DIR>
Public Defender Program
<DIR>
Uses full-time salaried attorneys.
28% of counties nationwide use this system exclusively.
64% of counties nationwide use public defenders as part of their system.</DIR>
Contract Attorneys
<DIR>
Local attorneys are maintained on contract to handle all cases.
This is the least widely used form of indigent defense. </DIR>
Indigent Defense Representation
<DIR>
2.3% of all money spent on criminal justice activities is used to pay for defense counsel for indigent offenders. </DIR>
Faretta v. California (1975)
<DIR>
Indigent Offender Representation
Indigents are not required to accept counsel. They may waive their right and represent themselves. </DIR>
Indigent Offender Representation
The Ethics of Defense
<DIR>
ABA Ethical Guidelines
Other Court Professionals </DIR>
Professionals
<DIR>
Bailiff
charged with ensuring order in the courtroom
announces entry of judge
calls witnesses
</DIR>
Professionals
<DIR>
Bailiff
maintains control over the defendant if person has not been released on bail
maintains physical custody of and supervises jury during deliberations and sequestering </DIR>
Professionals
<DIR>
Local Court Administrators
Facilitate the smooth running of courts in particular judicial districts
Provide uniform court management </DIR>
Professionals
<DIR>
Court Reporter
Another name for court reporter is "court stenographer."
They create a written record of all court proceedings.
Transcripts are necessary if an appeal is to be filed. </DIR>
Professionals
<DIR>
Clerk of Court
maintains all records of criminal cases and verdicts
prepares jury pool and issues jury summonses
subpoenas witnesses
marks physical evidence for identification at trial
swears in witnesses </DIR>
Expert Witness:
Outsiders
Crosby v. U.S. (1993)
<DIR>
The Court held that a defendant may not be tried in abstentia, even if he/she was present at the beginning of the trial, where absence is due to escape
or failure to appear.
Criminal Trials </DIR>
Stages in a Criminal Trial
The Criminal Trial
Baker v. Wingo (1972)
<DIR>
Court held that the 6th Amendment guarantees the right to a quick trial.
The 6th Amendment can be illegally violated even if the defendant does not object to delays. </DIR>
Strunk v. U.S. (1973)
<DIR>
U.S. Supreme Court held that denial of a speedy trial should result in dismissal of all charges. </DIR>
U.S. Speedy Trial Act (1974)
<DIR>
</DIR>
U.S. Speedy Trial Act (1974)
<DIR>
</DIR>
U.S. v. Taylor (1988)
<DIR>
Drug dealer escaped following arrest.
Court ruled that when delay is the result of actions by the defendant, the 70 day rule does not apply. </DIR>
Jury Selection
<DIR>
Prospective jury members are called one at a time and are questioned by both the prosecution and defense to determine suitability to serve.
Jurors are expected to be unbiased and free of preconceived notions about guilt or innocence. </DIR>
Jury Selection
<DIR>
Both the prosecution and defense
can use challenges to remove prospective jurors from jury pool. </DIR>
Challenge to the Array:
Challenge for Cause:
Peremptory Challenge:
The Trial Process
<DIR>
opening statements by prosecution and defense
presentation of evidence – first by prosecution and then by defense </DIR>
The Trial Process
<DIR>
testimony of witnesses: victims, police officers, defendant, specialists
closing arguments by prosecutor and defense </DIR>
The Trial Process
<DIR>
judge’s charge to the jury
jury deliberations and the verdict </DIR>
Sacramento City College
3835 Freeport Blvd * Sacramento * CA * 95822
This page was last updated: Tuesday, October 11, 2005 at 1:21:52 PM
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