Chapter 8: The Courtroom Work Group and the Criminal Trial

Lay Witness

-An eyewitness, character witness, or other person called on to testify who is not considered an expert. -Have been there to witness the crime occur. -Cannot express an opinion, can only state facts by observation and description.

Evaluation of Evidence

-One of the most significant decisions a trial court judge makes is deciding which evidence can be presented to the jury. -Judges will examine the relevance of the evidence to the case at hand (relevant evidence has a bearing on the facts at issue)

6th Amendment

Court appointed counsel in which amendment?

(1) By Selecting and Retaining Counsel. (2) Planning a Defense Strategy with their Attorney. (3) Deciding what Information to Provide to (or withhold from) the Defense Team. (4) Deciding what Plea to Enter. (5) Deciding whether to Testify Personally. (6) Determining whether to File an Appeal if Convicted.

Defendants Exercise Choice in what 6 ways?

Trial Initiation

Every defendant has a right to a speedy trial and this is that trial... the trial that takes place as soon as possible after arrest.

Real Evidence

Evidence that consists of physical material or traces of physical activity. -Can also be direct or circumstantial.

1) Accepting guilty pleas to drastically reduced charges in exchange for personal considerations. 2) Deciding not to prosecute friends or political cronies. 3) Overzealously prosecuting a case to seek heightened visibility to support political ambitions.

Examples of the Abuse of Discretion as a prosecutor:

Presentation of Evidence

First, the state is given the opportunity to present evidence intended to prove the defendant's guilt. After prosecutors have rested their case, the defense is afforded the opportunity to provide evidence favorable to the defendant.

The sixth amendment

Guarantees the right to an impartial jury

True

True or False: The clerk maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial.

1) The Use of Videotaped Testimony in criminal courtrooms. 2) Closed-Circuit Television: which allows the child to testify out of the presence of the defendant.

Ways that prevent a Child Testimony from being traumatized:

Aid in the smooth functioning of courts, judicial districts, or areas.

What are Trial Court Administrators facilities?

1) Challenges to the Array 2) Challenges for Cause 3) Peremptory Challenges

What are the 3 Challenges that the prosecution and Defense can each make in regards to Jury Selection?

1. Trial initiation 2. Jury selection 3. Opening statements 4. Presentation of Evidence 5. Closing Arguments 6. Judge's Charge to the Jury 7. Jury Deliberations 8. Verdict

What are the 8 Stages in Chronological Order in a Criminal Trial?

1) Testing the strength of the prosecution's case. 2) Taking part in plea negotiations. 3) Preparing an adequate defense to be used in trial.

What are the duties of the defense counsel?

1) Holds Ultimate Authority 2) Rule on Matters of Law 3) Weigh Objections from Both Sides 4) Decide on the Admissibility of Evidence 5) Discipline anyone who Challenges the Order of the Court.

What are the roles of the judge?

a) At the conclusion of a criminal trial, both sides have the opportunity for a final narrative presentation to the jury in the form of a closing argument. b) This summation provides a review and analysis of the evidence. Its purpose is to persuade the jury to draw a conclusion favorable to the presenter. c) Testimony can be quoted, exhibits referred to, and attention drawn to inconsistencies in the evidence presented by the other side.

What is a Closing Argument and What is its Purpose?

Another member of the professional courtroom work group, is usually an armed law enforcement officer.

What is a bailiff?

Defense Investigators

gather information in support of the defense effort and may interview friends, family members, and employers of the accused, with an eye toward effective defense.

6th Amendment

guarantees criminal defendants the effective assistance of counsel.

Assigned Counsels

usually drawn from a roster of all practicing criminal attorneys within the jurisdiction of the trial court.

Actors that are professional Bull.

what is a courtroom workgroup? Example?

Trial Postponement

would allow for memories to fade and emotions to cool

Verdict

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial.

Defense Counsil

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.

1) Types of Evidence 2) Evaluation of Evidence 3) Testimony of Witnesses 4) Children as Witnesses 5) The Hearsay Rule

5 Presentations of Evidence are:

The Speedy Trial Act

A 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time, such as 70 working days after indictment. It allows for the dismissal of federal criminal charges in cases where the prosecution does not seek an indictment or information within 30 days of arrest (a 30-day extension is granted when the grand jury is not in session) or where a trial does not begin within 70 working days after indictment or initial appearance for defendants who plead not guilty

Sequestered Jury

A jury that is isolated from the public during the course of a trial and throughout the deliberation process.

Expert Witnesses

A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. -They are allowed to express opinions or draw conclusions in their testimony.

Prtosecutor

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.

Judge

An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials.

Excited Utterance

An exception to the hearsay rule - a statement made by a person during a shocking or upsetting event. Words blurted out during the stress of excitement may be entered into court.

Closing Argument

An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial. -At the conclusion of a criminal trial, both sides have the opportunity for a final narrative presentation to the jury

Victim's Assistance Programs

An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law.

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.

Exculpatory Evidence

Any information having a tendency to clear a person of guilt or blame.

Rules of Evidence

The court rules that govern the admissibility of evidence at criminal hearings and trials.

Evidence

Can be either direct or circumstantial. Anything useful to a judge or jury in deciding the facts of a case.

Jurors

Citizens selected for jury duty in a court of law. -Members of a 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.

1) Popular Election OR 2) Political (usually Gubernatorial) appointment.

How are state judges selected depending on jurisdiction?

1) Uncertainty as to their role in the criminal justice process. 2) General lack of knowledge about the criminal justice system, courtroom procedure, and legal issues. 3) Trial delays resulting in frequent travel, missed work, and wasted time. 4) Fear of the defendant or of retaliation from the defendant's associates. 5) Trauma of testifying and of cross-examination.

Identify Victim's Hardships today:

Reasonable Doubt

In legal proceedings, an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence.

1) Pretrial 2) Trial Initiation 3) Jury Selection 4) Opening Statements 5) Presentation of Evidence 6) Closing Arguments 7) Judge's Charge 8) Jury Deliberation 9) Verdict 10) Sentencing or Release

In order... What are the stages of a criminal trial?

Legal Guilt

Is established only when the prosecutor presents evidence that is sufficient to convince the judge or the jury that the defendant is guilty as charged.

The Press

Journalists, TV reporters, and other members of the press are apt to be present at spectacular trials (those involving an especially gruesome crime or a famous personality).

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

1) Victim 2) Defendant 3) Spectators and the Press.

List 3 outsiders that are non-professional courtroom participants:

Cross- Examiner

May question a witness about past vicious, criminal, or immoral acts, even when such matters have never been the subject of a criminal proceeding.

Spectators

Members of the victim and defendant's families, friends of either side, and curious onlookers.

The Victim

Often one of the most forgotten people in the courtroom. May have been profoundly affected by the crime itself and are often emotionally committed to the proceedings and trial outcome, he or she may not even be permitted to participate directly in the trial process.

1) Professionals 2) Outsiders

Participants in a criminal trial can be divided into two categories which are?

Peremptory Challenge

Prosecutors and defense attorneys routinely use this challenge to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.

Direct Evidence

Proves a fact without requiring the judge or jury to draw inferences. -For example, direct evidence may be the information contained in a photograph or videotape.

The Hearsay Rule

Rather than accepting testimony based on hearsay, the court will ask that the person who was the original source of the hearsay information be brought in to be questioned and cross-examined. - One of the exceptions to this may occur when the person with direct knowledge is DEAD or is otherwise UNABLE to testify. -Other exception is "Excited Utterance"

Hearsay

Something that is not based on the personal knowledge of a witness. -Witnesses who testify about something they have heard, for example, are offering THIS by repeating information about a matter of which they have no direct knowledge.

The 6th Amendment

States the defendant has the right to a speedy trial.

1) Assigned Counsel 2) Public Defenders 3) Contractual Arrangements

States use 3 systems to deliver legal services to criminal defendants who are unable to afford their own, they are?

Jury Deliberations

The action of a jury in determining the guilt or innocence, or the sentence, of a defendant.

Prosecutorial Discretion

The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutorial discretion lies in the power to charge, or not to charge, a person with an offense.

Probative Value

The degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial.

Opening 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.

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.

Judge's Charge to the Jury

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. - The opinion expressed by the court to the jury, on the law arising out of a case before them. -Reasonable doubt -Reasonable doubt Standard

Change of Venue

The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction. Ensures a fair trial to the defendant if press involvement is too severe that the judge is concerned with the jurors maintaining no bias.

Testimony of Witnesses

The oral evidence offered by a sworn witness on the witness stand during a criminal trial.

Jury Selection

The process whereby, according to law and precedent, members of a trial jury are chosen.

The sixth Amendment

The right of reporters and spectators to be present at a criminal trial is supported by the what?

Reasonable Doubt Standard

The standard of proof necessary for conviction in criminal trials.

Adversarial System

The two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense

a trained lawyer who may specialize in the practice of criminal law whose task is to represent the accused as soon as possible after arrest and to ensure that the defendant's civil rights are not violated during processing by the criminal justice system.

What is a defense counsel?

1) Citizens selected for jury duty in a court of law. States have the authority to determine the number of jurors in criminal trial juries. 2) 12 people, with 2 alternates in case any of the 12 jurors are unable to attend due to an accident, illness, or personal emergency.

What is a juror?

Someone the defendants have to pay for

What is a private attorney?

variously the solicitor, district attorney, state's attorney, county attorney, or commonwealth attorney. Responsible for presenting the state's case against the defendant.

What is a prosecutor?

a legal system used in the common law countries where: - the prosecution and defense represent their party's case or position before an impartial person or group of people (Jury and Judge) who determine the truth and pass judgement accordingly.

What is an adversarial system?

Made by the prosecution and the defense. The purposes of opening are to advise the jury of what the attorneys intend to prove and to describe how such proof will be offered.

What is an opening statement and what is the purpose of it?

Procedure

What is highly formalized in in a modern courtroom?

to create a record of all that occurs during a trial.

What is the Role of a court reporter? (aka. stenographer, court recorder).

extend beyond the courtroom.

What is the duty of a clerk at court?

1) To ensure order in the courtroom. 2) To announce the judge's entry into the courtroom. 3) To call witnesses. 4) To prevent the escape of the accused (if the accused has not been released on bond).

What is the job of the bailiff?

the determination of the defendant's guilt or innocence

What is the primary purpose of a any criminal trial?

People question the quality of services available through public defenders due to the fact that the entry-level pay is poor.

What is the problem with indigent defense?

Public Defender

a state-employed lawyer defending indigent defendants.

A Motion

an oral or written request made to a court at any time before, during, or after court proceedings, asking the court to make a specified finding, decision, or order.

Challenges for Cause

claiming that a juror has demonstrated probable bias

Court Reporter

create a record of all that occurs during a trial

Private Attorneys

either have their own legal practices or work for law firms in which they are partners or employees.

Circumstantial Evidence

is indirect and requires the judge or jury to make inferences and to draw conclusions. -For example, a person who heard gunshots and moments later saw someone run by with a smoking gun in hand might testify to those facts.

The Clerk of Court

maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial and prepares a jury pool, issues jury summonses, and subpoenas witnesses for both the prosecution and the defense.

Lay witness.

may be called to testify by either the prosecution or the defense.

Subpoena

officially notifies witnesses that they are to appear in court to testify.

Character Witness

provides information about the personality, family life, business acumen, and so on of the defendant in an effort to show that this is not the kind of person who would commit the crime with which he or she is charged.

Cross- Examination

refers to the examination of a witness by someone other than the direct examiner.

Factual Guilt

refers to the issue of whether the defendant is actu-ally responsible for the crime of which he or she stands accused.

Competence to testify

requires that witnesses have per-sonal knowledge of the information they will discuss and that they understand their duty to tell the truth.

Challenges to the Array

signify the belief, generally by the defense attorney, that the pool from which potential jurors are to be selected is not representative of the community or is biased in some significant way. -Not an accurate representation of the population.

Fifth Amendment

the right to a defendant to remain silent and to refuse to testify.

Jury selection and Screening

to eliminate biased people from the jury pool