Chapter 8: The Courtroom Work Group Flashcards
The Professionals
- The group of courtroom professionals include judges, prosecutors, defense counsel, public defenders, and others who are paid to serve the court
- Professional courtroom participants are also referred to as the courtroom work group.
Main participants in the courtroom work group
- Judges
- Prosecutors
- Defense Attorneys
- Police Officers
- Expert Witnesses
- Bailiffs
- Court Reporters
- Court Clerks
Judges
Judges are either elected or appointed officials, depending on jurisdiction, who preside over a court of law and who have the authority to hear and conduct trials as well as sometimes decide cases.
Things a judge does
- Hold ultimate authority
- Rules on issues of law
- Weighs objections from both prosecution and defense
- Decides on admissibility of evidence
- Disciplines any person challenging the order of the court
- Sentences offenders
- Decides guilt or innocence
Methods of state judicial selection
- Partisan elections
- Nonpartisan elections
- Legislative elections
- Gubernatorial appointment
- Assisted appointment
Prosecuting attorneys are also known as
- District attorneys
- State’s attorneys
- County attorneys
- Commonwealth attorneys
- Solicitors
Three types of discretionary decisions by prosecutors that are always inappropriate:
- Accepting guilty pleas for personal gain
- Decisions not to prosecute friends or associates
- Overzealous prosecution to get high visibility
Things the defense attorney does:
- Represent their client and safeguard their constitutional rights
- Challenge the strength of the prosecutions case
- Take part in plea negotiations
- Prepare an competent defense
- Represent their clients during trial
- Prepare and assist with appeals
Three Types of Defense Counsel
- Private attorneys
- Court appointed counsel
- Public defenders
States typically have three methods to fulfill the requirement for an indigent defense
- Assigned Counsel
- Public Defenders
- Contractual Arrangements
Police Officers
In general police officers are considered as lay/fact witnesses in a trial.
The Bailiff
The bailiff is typically a law enforcement officer also referred to as a court officer.
Things the bailiff does
- Maintain order in the courtroom
- Secure the witnesses
- Maintain physical custody of the jury
- Announce the judge’s entry into the courtroom
- Prevent the accused from escaping
Things the court clerk does
- Maintains case records
- Prepares the jury pool
- Issues jury summonses
- Subpoenas witnesses
- Marks physical evidence
- Maintains custody of physical evidence
Things the defendant does
- Choosing a defense attorney
- Working with their defense attorney to plan a defense strategy
- Choosing what information to disclose
- Choosing what information not to disclose
- Deciding what plea to enter
- Deciding whether, or not, to file an appeal in the event of conviction
