The Courtroom Work Group

1
The Courtroom Work Group

• Judge
• Prosecutor
• Defense

2
Judge

• Senior Officer in Court
• Appropriateness of conduct
• Settles questions of evidence
• Rules on Procedure
• Guides Questioning of Witnesses

3
Judge

• Extensive control of the Court
• Decides whether to hold complainant
• Sentences Defendant
• Instructs Jury
• on conduct
• on verdict
• relevant law

4
What does it take to be a Judge?

• Resident, Bar Member ( Required in California)
• Usually between 25 and 70 years old
• Varies from State to State

5
Appointment to the Bench

• Election
• Merit Selection
• The Missouri Plan
• Gubernatorial Appointment

6
Election

• As Judge, I promise to be Tough on Crime
• As Judge, I will enforce the death penalty
• If you elect me, I will be a political moderate

7
The Missouri Plan

• First used in Missouri in 1940
• Governor appoints judges from a list compiled by
  a non partisan nominating commission
• Judges serve on the bench for a year
• They are voted to the bench after a year of
  service
• The vote is yes or no
• If yes the judge sits for the full term

8
Prosecutor

• In all phases of the Court Process
• Given Broad Discretion
• His/Her job is to advocate the guilt of defendant
  vigorously, He represents the People

9
Prosecutor

• Federal
• Solicitor General
• US Attorney General

• State
• Attorney general
• Chief Prosecutor
• District Attorney

10
What the Prosecutor Does

• Screen The Case (Is is Prosecutable?)
• Has a Crime Been Committed?
• Has a Suspect been properly identified?
• Is the Evidence Sufficient to Support a Guilty
  Verdict?
• Nolle Prosequi (nol. Pros.)
• This Should never be based on local jury success
  or public opinion

11
What the Prosecutor Does

• Decision to Plea Bargain and Plea Negotiate
• Unreviewable discretion
• Recommend Amount of Bail (many jurisdictions)
• Comply to Rules of Discovery

12
Assistant District Attorneys

• Usually fresh out of law School
• They Work for the Chief Prosecutor, an elected
  position (10,000-189,000 year)
• 40 of Prosecutors had a work related threat in
  2001, one in five carry a firearm for protection

13
Defense Attorney

• Guaranteed by the Sixth Amendment The Right to
  Counsel
• Right to Counsel extended to first appeal,
  probation and parole hearings as well as juvenile
  proceedings

14
Court Appointed Lawyer

• Some are Volunteerspro bono
• Some are paid by Hourly Fees
• Selected from a list of attorneys, some take the
  cases grudgingly

15
The Public Defender

• Paid by the jurisdiction on a fixed salary
• Sometimes this job is a stepping stone
• The Contract Lawyer is a new system of providing
  defense
• Counsel agrees to represent a certain number of
  indigent defendants over a period of time-Not a
  Public defender

16
The TV myth

• The crafty defense lawyer is a myth. They are
  usually overworked conscientious public
  defenders.
• Frequently they are assigned to courtrooms, not
  clients. 5-10 minutes is an average consultation
  for a PD

17
Charging Documents

• Complaint
• Information
• Grand Jury Indictment
• Arrest warrant

18
Plea Bargaining

• Lesser Offense Brady v United States
• Santobello v New York deal must be honored
• Henderson v Morgan Must be voluntary
• Plea Bargaining Serves everyones interest

19
What Percentage of Criminal Cases are resolved
through Guilty Pleas?
20
90 Per Cent