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Criminal Justice Ch.8

trial
The examination in court of the issues of fact and relevant law
in a case for the purpose of convicting or acquitting the
defendant
Courtroom Work Group
The professional courtroom actors, including judges,
prosecuting attorneys, defense attorneys, public defenders
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
Weighing objections from both sides, deciding
on the admissibility of evidence, sentencing
offenders
Federal level judges are nominated by and conformed by
the president; the Senate
State judgeships are won through
either popular
election or political appointment
Prosecutor
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
State prosecutors
are elected and generally serve
four-year terms, with the possibility of
continuing reelection
May serve as quasi-legal advisor to local police
Has the burden of proving guilt
State prosecutors
Prosecutorial Discretion
The decision-making power of prosecutors, based on
the wide range of choices available to them
Exculpatory Evidence
Any information having a tendency to clear a person
of guilt or blame
Defense Counsel
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
Three categories of defense attorneys
Private attorneys

Court-appointed counsel

Public defenders
Have either their own practice of work for law firms
in which they are partners or employees
Private attorneys
Charges by the hour?
Private attorneys
Sixth Amendment guarantees criminal defendants the
effective assistance of counsel
Court-appointed counsel
Also known as court-appointed defense attorney
Assigned counsel
Usually drawn from a roster of all practicing
attorneys within the jurisdiction of the trial court
Assigned counsel
Fees are paid at a rate set by the state or local
government
Assigned counsel
An attorney employed by a government agency or
subagency for the purpose of providing defense
services to indigents
Public Defenders
County and state officials arrange with local criminal
lawyers to provide for indigent defense on a
contractual basis
Contractual arrangement
The least widely used form of indigent defense
although their popularity is growing
Contractual arrangement
Problems with indigent defense
Underfunded
The court officer whose duties are to keep order in
the courtroom, to secure witnesses, and to maintain
physical custody of the jury
Bailiff
Bailiffs in the federal courtroom are
deputy U. S.
marshals
Facilitate the smooth functioning of courts in
particular judicial districts or areas
Bailiff
Provide uniform court management
Bailiff
Are able to relieve judges of many routine and
repetitive tasks such as record keeping,
scheduling, case-flow analysis, personnel
administration, space utilization, facilities
planning, and budget management
Bailiff
Role is to create a record of all that occurs during
a trial
The Court Reporter
Also called a court stenographer or court
recorder
The Court Reporter
The official trial record may later be transcribed
in manuscript form and will become the basis for
any appellate review of the trial
The Court Reporter
Maintains all records of criminal cases-Including all pleas and motions made
The Clerk of Court
Prepares the jury pool, issues jury summons
The Clerk of Court
Subpoenas witnesses for both prosecution and
defense
The Clerk of Court
Marks physical evidence for identification as
instructed by the judge
The Clerk of Court
Maintains custody of that evidence
The Clerk of Court
A person who has special knowledge and skills
recognized by the court as relevant to the
determination of guilt or innocence
Expert Witness
Can express opinions or draw conclusions in their
testimony
Expert Witness
Is usually viewed by jurors as more trustworthy
than other forms of evidence
Expert Witness
An eyewitness, character witness, or other person
called on to testify who is not considered an expert
Lay Witness
A written order issued by a judicial officer or grand
jury requiring an individual to appear in court and
give testimony
Subpoena
A member of the 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
juror
Generally, _____ must be present at the
trial
defendants
Defendants exercise choice in
Selecting and retaining counsel. Planning a defense strategy with counsel. 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
Sixth Amendment?
right to a public trial/right to a speedy trial/right to an impartial jury
The movement of a trial or lawsuit from one
jurisdiction to another to ensure that the defendant
receives a fail trial
Change of Venue
The court rules that govern the admissibility of
evidence
Rules of Evidence
Nature and Purpose

The determination of the defendant’s guilt or
innocence

Factual guilt

Legal guilt
The two-sided structure under which American
criminal trial courts operate that pits the prosecution
against the defense
Adversarial System
The right to challenge a potential juror without disclosing
the reason for the challenge
Peremptory Challenges
The use of correlational techniques from the social
sciences to gauge the likelihood that potential jurors
will vote for conviction or for acquittal
Scientific Jury Selection
Shadow jury
An unofficial jury, hired by a party in a legal case, that watches the actual trial and deliberates at the end of each day to give the attorney an idea of how the real jurors are reacting to the case.
A jury that is isolated form the public during the
course of a trial and throughout the deliberation
process
Sequestered Jury
Direct Evidence
Proves a fact without requiring an inference
Circumstantial Evidence
Indirect and requires an inference
Consists of physical material or traces of physical activity
Real Evidence
Probative Value
The degree to which evidence is useful in proving
something important in a trial
The oral evidence offered by sworn witness on the stand
during the trial
Testimony
Fifth Amendment?
right to remain silent
cross examination
examination of witness by someone other than the direct examiner
direct examination
when a witness is first called to the stand
prejury
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
Hearsay
Something that is not based on personal knowledge of a
witness
Hearsay Rule
Long-standing precedent that hearsay cannot be used
in American courtrooms
Hearsay rule is based on the
Sixth Amendment’s
Confrontation Clause
Exceptions to hearsay

Dying declaration

Spontaneous statements

Out-of-court statements
when a jury is dead locked
hung jury

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