Post on 28-Dec-2015
Courtroom ParticipantsDuties & Responsibilities during Criminal
Trials
Professional Participants
Judge Prosecutor Defense Attorney
2Copyright Texas Education Agency (TEA)
Para-professional Participants
Bailiff Clerk Court Reporter
3Copyright Texas Education Agency (TEA)
Non-professional Participants
Jury Defendant Victim Witnesses
4Copyright Texas Education Agency (TEA)
Professional Participants
Main Duty: To ensure justice is done! Makes Rulings: Decides on the
admissibility of evidence; rules on objections and motions
Keeps control in the courtroom Bench trial Sentencing
JUDGE
5Copyright Texas Education Agency (TEA)
Judges Qualifications
Have a law degree (in most cases)
› Juris Doctorate Be a licensed attorney Be a member of the State Bar Receive proper training
6Copyright Texas Education Agency (TEA)
Judges: How do they get their jobs?
Appointed by the governor Popular election Hired Federal judges areappointed by thePresident
7Copyright Texas Education Agency (TEA)
Professional Participants
PROSECUTORAlso called District Attorney State’s Attorney
8Copyright Texas Education Agency (TEA)
Prosecutor’s Duties
Presents information or evidence to a grand jury
Prosecutorial discretion Questions witnesses for the state Requests guilty verdicts or convictions Represents the state in appeals Has the burden of proof Must present a “Prima Facia” case
9Copyright Texas Education Agency (TEA)
Professional Participants
DEFENSE ATTORNEY Represents the person accused of
committing a crime Plea bargains Prepares the defense Questions witnesses
› Directs own› Cross-examines the state’s
10Copyright Texas Education Agency (TEA)
Defense Attorney
Disputes claims made by the prosecutor
Sentencing Files Appeals Argues Appeals May remain silent if no Prima
Facia Case11Copyright Texas Education Agency (TEA)
Defense Attorney (continued)
TYPES OF DEFENSE ATTORNEYS
Private attorneys hired by a defendant
Court-appointed attorneys
Public Defenders
12Copyright Texas Education Agency (TEA)
Para-professional Participants
BAILIFF Keeps order in the courtroom Secures witnesses Maintains physical control over the
defendant if not released on bail Announces the judge’s entry
13Copyright Texas Education Agency (TEA)
Para-professional Participants(continued)CLERK Works directly with the trial
judge Responsible for court
paperwork and records before and during the trial
14Copyright Texas Education Agency (TEA)
Para-professional Participants(continued)COURT REPORTER Stenographer Maintains a written record of all
court proceedings› Transcribes every spoken word during
the trial Transcripts are necessary for appeals
15Copyright Texas Education Agency (TEA)
Non-professional Participants
JURY Selection:
› Voir Dire
› Challenges To the Array For Cause Peremptory
16Copyright Texas Education Agency (TEA)
Non-professional Participants(continued)DEFENDANT The “accused”
The person against whom a criminal complaint or indictment is filed
17Copyright Texas Education Agency (TEA)
Non-professional Participants(continued)VICTIM Crime committed against Suffered death or serious physical or
mental suffering OR A loss of property resulting from the
actual or attempted criminal actions of others
18Copyright Texas Education Agency (TEA)
Non-professional Participants(continued)WITNESSES Sworn testimony received as evidence Have personal knowledge of the facts Types of Witnesses
› Expert› Lay
19Copyright Texas Education Agency (TEA)
Witnesses
EXPERT WITNESSES Have special knowledge and skills
recognized by the court May express opinions or draw
conclusions Usually paid
20Copyright Texas Education Agency (TEA)
Witnesses (continued)
LAY WITNESSES Eyewitnesses Character Witnesses Not considered experts May testify ONLY to the facts
21Copyright Texas Education Agency (TEA)
Common court room objections:
"Objection, your Honor, the question is ambiguous.”
A question is ambiguous if: It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning.
Copyright Texas Education Agency (TEA) 22
“Objection, argumentative”
A question is argumentative if: It is asked for the purpose of persuading the jury or the judge, rather than to elicit information. It calls for an argument in answer to an argument contained in the question. It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts.Copyright Texas Education Agency (TEA) 23
“Objection, asked and answered”
A question may be objectionable on the ground that The witness has already answered a substantially similar question asked by the same attorney on the same subject matter.
Copyright Texas Education Agency (TEA) 24
“Objection, hearsay”
A question is hearsay if: It invites the witness to offer an out-of-court statement to prove the truth of some matter in court. There are many exceptions to the hearsay rule.
Exceptions: Dying declaration Res gestae statements Excited utterancesCopyright Texas Education Agency (TEA) 25
“Objection, leading”
A question is leading if: It is one that suggests to the witness the answer the examining party desires. However, this type of question is allowed on cross-examination of a witness.
Example: “Did the defendant threaten you
with a gun?” or “You were threatened with a gun, right?”
Copyright Texas Education Agency (TEA) 26
“Objection, calls for speculation”
A question is speculative if: It invites or causes the witness to speculate or answer on the basis of conjecture.
Exception: Expert witnesses can answer
based on conjecture if the question falls within their area of expertise.
Copyright Texas Education Agency (TEA) 27
ALL PARTICIPANTS…
WORK TOGETHER TOWARD A COMMON GOAL:
EFFICIENT CONCLUSION TO A CASE
28Copyright Texas Education Agency (TEA)
Resources
020547893X, Allyn & Bacon, Criminal Justice, 2006, James Fagin
Law Focused Education, Inc. https://www.texaslre.org/jury_game/jurygame_intro.html
29Copyright Texas Education Agency (TEA)