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CJ 2011James A. Fagin
Chapter 7:Courtroom Participants
and the Trial
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.2
After completion of this chapter, students should be able to:
Describe the basic legal philosophy of a criminal trial
Understand how court jurisdiction is determined
Identify major pretrial proceedings Explain the Sixth Amendment requirement for a speedy trial
Know the roles of the participants in a criminal trial
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.3
The concept that a trial is a ‘battle’ between the state and a legal ‘champion’ who represents the defendant
Trials are complex because many criminal justice agencies and personnel must interact in the pursuit of justice: police, prosecutors, judges, jurors, victims and offenders
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.4
Police and the prosecutor work together to bring charges
This serves as a check and balance
Police arrest does not guarantee the prosecutor will prosecute
Thus the phrase ‘Prosecutorial Discretion’
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.5
Three other important decisions that are made before the trial are:1. setting bail,2. determining the competency of the defendant to stand trial
3. plea bargaining
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.6
Eighth Amendment of the Constitution recognizes the concept of bail:Bail may be set by a scheduleAmount is typically based upon possible fineCan be denied if defendant is a flight riskCan be denied for reasons of community safety
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.7
Manhattan Bail Project Release on Recognizance (ROR)
Conditional Release
Property Bond
Signature Bond
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.8
The controversy over bail has centered on:1. What is excessive bail?
2. When can bail be denied?
3. Does the bail system discriminate against the poor?
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.9
Reduces time and cost associated with court case
Keeps back-logged dockets moving
Over 90% of defendants receive a plea bargain
Plea can surround the charges or the range of sentencing
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.10
A criminal case must assure defendant the right to a speedy trial under the Sixth Amendment
Federal prosecutor has 30 days to seek an indictment
Federal prosecutor has 70 days to start trial
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.11
Motion for discovery
Motion for suppression
Motion for change of venue
Motion for continuance continued…
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.12
Motion for dismissal
Motion for a bill of particulars
Motions for severance of charges or defendants
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.13 Pearson Education, Inc. © 2010
Prosecutor
Defense Attorney
Judge
Jury continued….
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.14
Court reporter
Clerk of the court
Witness
Bailiff
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.15
Pretrial motions Jury Selection Opening Statements Prosecutor’s Case Defense Case Rebuttalcontinued…
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.16
Surrebuttal Closing Arguments Charge to the Jury Deliberation Verdict Sentencing
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights
Reserved.17
Selecting fair citizen jurors has been a major challenge for courts
‘Jury of One’s Peers’ requires a broad base of citizens who represent the community
Jury size of ‘12’ is a tradition, not a constitutional requirement