29 Oct What is the purpose of a criminal trial?? What is the difference between factual guilt and legal guilt?? What do we mean by the term adversarial system??watch2.htmSchmalleger_CJ_B
What is the purpose of a criminal trial? What is the difference between factual guilt and legal guilt? What do we mean by the term adversarial system?
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Criminal Justice: A Brief Introduction
Thirteenth Edition
Chapter 8
The Courtroom Work Group and the Criminal Trial
Copyright © 2020, 2018, 2016 Pearson Education, Inc. All Rights Reserved
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1
The Courtroom Work Group: Professional Courtroom Actors
Trial
Examination in court of the issues of fact and relevant law in a case for convicting or acquitting a defendant
Two categories of participants in criminal trials
Professionals/courtroom work group
Judges, prosecutors, defense attorneys, etc.
Outsiders
Jurors, witnesses, and victims
Not familiar with trial procedures
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Figure 8.1 Participants in a Criminal Trial
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3
The 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
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Judicial Selection
Federal judges are nominated by the president and confirmed by the Senate
State judgeships are won through either popular election or political appointment
Missouri Plan
Combines elements of both election and appointment
Designed to counter problems with each method
Also known as the merit plan of judicial selection
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Judicial Qualifications
Nearly all states require judges hold a law degree, be a licensed attorney, and be a member of the state bar
Many require newly elected judges to attend state-sponsored training
In some states, lower court judges may be elected without education or other professional requirements
Nonlawyer or “lay” judges generally hear traffic violations, misdemeanors, small-claims actions, some civil cases
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The Prosecuting Attorney
An attorney who is responsible for presenting the state’s case against the defendant
Also known as district attorney, state’s attorney, county attorney
Most state prosecutors are elected and generally serve four-year terms, with the possibility of reelection
May serve as quasi-legal advisor to local police
Have burden of proving guilt beyond a reasonable doubt
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Prosecutorial Discretion
Prosecutorial discretion
The decision-making power of prosecutors, based on the wide range of choices available to them
Prosecutors have considerable discretion in charging defendants, scheduling cases, accepting negotiated pleas, and so on
Key decision—filing separate or multiple charges
May also make sentence recommendations to the judge
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The Abuse of Discretion
There is considerable potential for abuse of prosecutorial discretion
Gross misconduct by prosecutors may be addressed by the state Supreme Court or state attorney general’s office
The Professional Misconduct Review Unit is responsible for disciplining federal prosecutors who engage in intentional or reckless misconduct
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The Prosecutor’s Professional Responsibility
Prosecutors expected to abide by standards of professional responsibility
ABA Model Rules of Professional Conduct
Individual state bar associations may have their own standards
Serious violations may lead to being disbarred from practice of law
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The Defense Counsel
An attorney who represents the accused before the court and ensures the defendant’s civil rights are not violated
Three main category of defense attorneys
Private attorneys
Court-appointed counsel
Public defenders
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Private Attorneys
Either have their own practice or work for law firms in which they are partners or employees
Can be very expensive—charge by the hour and include time involved in preparing the case and time in court
Few law students choose to specialize in criminal law
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Court-Appointed Counsel
Sixth Amendment guarantees defendants the effective assistance of counsel
The Supreme Court has established that defendants who cannot pay for attorneys must receive adequate representation at all stages of processing
Types of indigent defense
Assigned counsel
Public defenders
Contractual arrangements
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Court-Appointed Counsel—Cases
Powell v. Alabama (1932)
Johnson v. Zerbst (1938)
Gideon v. Wainwright (1963)
Argersinger v. Hamlin (1972)
In re Gault (1967)
Alabama v. Shelton (2002)
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Assigned Counsel
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
Fees typically low
May affect the amount of effort the attorney puts into the case
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Public Defenders
State-employed lawyer defending indigent defendants
The public defender system is the primary method used to provide indigent counsel for criminal defendants
Most public defender offices are understaffed
Critics are concerned that they are government employees and thus not independent from judges and prosecutors
Huge caseloads create pressure to use plea bargaining
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Contractual Arrangements
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
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Problems with Indigent Defense
State systems are significantly underfunded
Results in heavy use of plea bargaining
Federal system is not underfunded
Defendants are not required to accept assigned counsel
May waive their right to an attorney and defend themselves
More difficult to obtain a new attorney if they do not like the attorney appointed to defend them
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The Ethics of Defense
Attorneys may become emotionally committed to the outcome of the trial
May cross the line when they lose professional objectivity
Clear ethical and procedural considerations for defense counsel
The American Bar Association provides guidance in the areas of legal ethics and professional responsibility
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The Bailiff
Court officer whose duties are to keep order in the courtroom, secure witnesses, and maintain physical custody of the jury
Usually an armed law enforcement officer
Bailiffs in federal courtrooms are deputy U.S. marshals
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Trial Court Administrators
Responsible for facilitating the smooth functioning of courts in particular judicial districts or areas
Provide uniform court management
Relieve judges of routine and repetitive tasks
Increasingly involved in juror management
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The 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
Frequently uses computer-aided transcription (C A T) software
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The Clerk of Court
Maintains all records of criminal cases, including all pleas and motions made
Prepares the jury pool, issues jury summons, subpoenas witnesses
Marks physical evidence for identification during trial and maintains custody of that evidence
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Expert 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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Lay Witnesses
Nonexpert witness who may be subpoenaed by either the prosecution or defense
May be an eyewitness or character witness
The job of witnesses is to provide accurate testimony only about things of which they have direct knowledge
Traditionally shortchanged by the judicial process
Many states pay witnesses for each day they spend in court
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Jurors
Juror
Citizens selected for jury duty and required to serve as an arbiter of the facts in a court of law
Jury duty is a responsibility of citizenship
Prospective jurors are usually drawn from tax register, motor vehicle records, or voter registration roles
Minimum qualifications for jury service vary by jurisdiction
Peer jury—composed of a representative cross-section of the community
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The Victim (1 of 2)
Not all crimes have clearly identifiable victims or victims who survive
Victims are often the most forgotten people in the courtroom
They may not even be permitted to participate directly in the trial process
Difficulties encountered by victims in the trial process compared to a second victimization by the criminal justice system
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The Victim (2 of 2)
Key hardships experienced by victims:
Uncertainty about their role in the C J process
Lack of knowledge about the justice system, courtroom procedure, legal issues
Trial delays
Fear of the defendant or of retaliation from the defendant’s associates
Trauma of testifying and cross-examination
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The Defendant (1 of 3)
Generally, defendants must be present at their trials
A defendant who is present at the start of the trial may be voluntarily absent after the trial has commenced
This does not hold if the absence is due to escape or failure to appear
Majority of defendants are poor, uneducated, relatively powerless
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The Defendant (2 of 3)
Defendants can influence courtroom events by exercising choice in
selecting and retaining counsel
planning defense strategy
deciding what information to provide the defense team
deciding what plea to enter
deciding whether to testify personally
determining whether to file an appeal if convicted
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The Defendant (3 of 3)
Defendants suffer from several disadvantages
Tendency of others to assume that anyone on trial must be guilty
Social and cultural differences often separating defendants from professional courtroom staff
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Spectators and the Press (1 of 2)
Often overlooked because lack an official role
Presence supported by 6th Amendment right to public trial
Press reports can create problems
Pretrial publicity can bias potential jurors
News reports may influence nonsequestered jurors
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Spectators and the Press (2 of 2)
Ways to insure fair trial and impartial jury after pretrial release of information
Change of venue
Trial postponement
Jury selection and screening
Caribbean International News Corporation v. Puerto Rico (1993)—extended press access to preliminary hearings
Cameras generally allowed in state but not federal courtrooms
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The Criminal Trial Procedure
Highly formalized
The course of the trial is determined by rules of evidence and other procedural guidelines
Trials are also affected by informal rules and professional expectations
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Nature and Purpose of the Criminal Trial
The primary purpose of a trial is the determination of the defendant’s guilt or innocence
Factual guilt
Legal guilt
Adversarial system
The two-sided structure under which American criminal trial courts operate (prosecution vs. defense)
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Figure 8.3 Stages in a Criminal Trial
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Source: Pearson-Education, Inc.
36
Trial Initiation
Sixth Amendment provides for the right to a speedy trial
Federal Speedy Trial Act (1974)
Allows for dismissal of federal criminal charges if the prosecution does not seek an indictment or information within 30 days of arrest or if a trial does not begin within 70 working days after indictment or initial appearance
Only applies to federal courts
Most state laws set limits of 90 or 120 days
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Jury Selection (1 of 2)
Sixth Amendment right to an impartial jury
Attorneys use challenges to ensure impartiality of jury
Three types of challenges recognized
Challenges to the array
Challenges for cause
Peremptory challenges
During jury selection, attorneys question potential jurors in a process known as voir dire examination
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Jury Selection (2 of 2)
Scientific jury selection
Use of social science techniques to predict if potential jurors will vote for conviction or for acquittal
Shadow jury
Hired court observers who assess the impact of a defense attorney’s arguments
Sequestered jury
Isolated from the public during the trial and deliberation process
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Jury Selection and Race
Race alone cannot provide the basis for jury selection
Juries may not be intentionally selected for racial imbalance
Despite this, peremptory challenges continue to tend toward racial imbalance
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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
Evidence is not offered during opening statements
Attorneys may only mention evidence they believe can and will be presented during trial
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Presentation of Evidence
Presentation of evidence is the crux of the criminal trial
First, the state has the opportunity to present evidence intended to prove the defendant’s guilt
After the state rests its case, the defense is given the opportunity to present evidence favorable to the defendant
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Types of Evidence
Direct evidence
Proves a fact without requiring an inference
Circumstantial evidence
Indirect evidence that requires judge or jury to make inferences and draw conclusions
Real evidence
Physical material or traces of physical activity
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Evaluation of Evidence
Trial judge decides which evidence can be presented to the jury
Examines relevance of evidence to case at hand
Must also weigh probative value of evidence
The degree to which evidence is useful in proving something important in a trial
Evidence may have only limited admissibility
Harmless error rule
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Testimony of Witnesses (1 of 2)
Testimony is the oral evidence offered by sworn witness on the stand during the trial
The chief means by which evidence is introduced at trial
Before witness may testify, questioning attorney must establish witness’s competence to testify
Key decision for defense attorney is whether to put the defendant on the stand
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Testimony of Witnesses (2 of 2)
Examination of witnesses
Direct examination—occurs when witness first called to the stand
Cross-examination—examination of witness by someone other than the direct examiner
Redirect examination
Recross examination
Witnesses may commit perjury and intentionally make statements they know are untrue
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Children as Witnesses
Area of special concern, especially when children are also victims
37 states allow the use of videotaped testimony in criminal courtrooms and 32 permit the use of closed-circuit T V
This allows the child to testify out of the presence of the defendant
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The Hearsay Rule
Hearsay
Anything not based on personal knowledge of a witness
Hearsay rule prohibits the use of “secondhand evidence”
Based on Sixth Amendment’s confrontation clause
Exceptions to the hearsay rule
Dying declaration
Spontaneous statements
Out-of-court statements
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Closing Arguments
At the conclusion of a criminal trial, both sides have the opportunity for a final narrative presentation to the jury
States vary as to the order, but nearly all allow the defense attorney to speak first
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Judge’s Charge to the Jury (1 of 2)
Judge reminds the jury of their duty to consider evidence objectively and impartially
Judge may review the statutory elements of the offense, the burden of proof, the reasonable doubt standard
Some judges provide a summary of the evidence presented
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Judge’s Charge to the Jury (2 of 2)
Half the states allow judges to express their own views on witness credibility and the significance of evidence
Other states only permit judges to summarize evidence in an objective and impartial manner
Following the charge, the jury leaves the courtroom and begins deliberations
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Jury Deliberations and the Verdict
Deliberations may be very brief or last for days or weeks
Many jurisdictions require juries reach a unanimous verdict
Supreme Court has ruled that unanimous verdicts are not required in noncapital cases
Hung jury—jury is deadlocked and cannot agree on a verdict
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Problems with the Jury System (1 of 2)
Some questions about the ability of the American jury system to do its job
Difficult to understand modern legal complexities
Difficult to separate emotions and fact
Jury may be dominated by members with forceful personalities
Jurors may suffer from inattention
May be unable to understand expert witness testimony
Jurors may fear personal retaliation
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Problems with the Jury System (2 of 2)
Alternatives
Panel of judges who would both render a verdict and impose sentence
Would require change to 6th Amendment right to trial by jury
Professional jurors
Would be paid by government like other courtroom actors
Would be trained to have expertise to sit on any jury
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Copyright
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