Chapter 7Courtroom Participants and the Trial

Chapter Outline

I. The Adjudication Process

Jurisdiction

Trials in Courts of Limited Jurisdiction

Trials in Courts of General Jurisdiction and Federal District Courts

II. Charges and Proceedings before Trial

Determining the Charges: The Police and the Prosecutor

Bail

Competency to Stand Trial and the Insanity Defense

Plea Bargaining

III. Preparation for the Criminal Trial

The Sixth Amendment Right to a Speedy Trial

The Speedy Trial Act of 1974

Rules of Evidence

IV. Participants in the Criminal Trial

Duties and Rights of Participants

V. The Criminal Trial

Justice Is the Goal

Learning Objectives

After completion of this chapter, students should be able to:

1. Describe the basic legal philosophy of a criminal trial.

2. Understand how court jurisdiction is determined.

3. Identify major pretrial proceedings.

4. Explain the Sixth Amendment requirement for a speedy trial.

5. Know the roles of the participants in a criminal trial.

Key Terms

Arraignment (p. 112) a short hearing before the judge in which the charges against the defendant are announced

Bail (p. 112) a promise, sometimes backed by a monetary guarantee, that the accused will return for further proceedings

Bail bondsagent (p. 113) an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant’s return to court

Bailiff (p. 119) a county deputy sheriff or U.S. deputy marshal responsible for providing security and maintaining order in a courtroom

Barker v. Wingo (p. 117) the court ruled that the defendant’s failure to request a speedy trial does not negate the defendant’s right to a speedy trial

Bench trial (p. 122) a trial in which the judge rather than a jury makes the determination of guilty

Charge to the jury (p. 121) written instructions about the application of the law to a case that the judge gives to the jury to help them reach a verdict

Circumstantial evidence (p. 121) evidence that implies that the defendant is connected to the crime but does not prove it

Clearing cases (p. 115) refers to the status of a criminal offense. When the police or prosecutor assert that the perpetrator of the crime is known the case is “cleared”

Clerk of court (p. 119) a government employee who works directly with the trial judge and is responsible for court paperwork and records before and during a trial

Competent to stand trial (p. 114) the concept that a defendant comprehends the charges against him or her and is able to assist his or her attorney with the defense

Conditional release (p. 114) a bail alternative in which the defendant is released from custody if he or she agrees to court-ordered terms and restrictions

Contempt of court (p. 118) a charge against any violator of the judge’s courtroom rules, authorizing the judge to impose a fine or term of imprisonment

Court docket (p. 116) the calendar on which court cases are scheduled for trial

Court recorder (court reporter) (p. 119) a stenographer who transcribes every word spoken by the judge, attorneys, and witnesses during a trial

Defense attorney (p. 119) the defendant will have an attorney appointed by the court or a private attorney paid for by the defendant to represent him or her in the trial

Direct evidence (p. 121) evidence that connects the defendant with the crime

Double jeopardy (p. 109) the rule that a defendant can be charged only once and punished only once for a crime; if tried and found innocent, the defendant cannot be retried even if new evidence of his or her guilt is discovered

Due process (p. 110) rules and procedures for protecting individuals accused of crimes from arbitrary and excessive abuse of power by the government

Excessive bail (p. 112) Eighth Amendment prohibits bail which is excessive but there is no uniform standard as what “excessive” is

Expert witness (p. 121) gives testimony based on his or her expert knowledge and can make inferences beyond the facts

Gag order (p. 122) a judge’s order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcasted, or discussed publicly

Grand jury (p. 110) a panel of citizens that decides whether there is probable cause to indict a defendant on the alleged charges

Indigent defense (p. 122) the right to have an attorney provided free of charge by the state if a defendant cannot afford one, established in Gideon v.Wainwright (1963)

Initial appearance (p. 110) the Court determines the charges against the defendant are legitimate, advises the defendant of his or her rights, sets bail, and assesses the need for legal representation for the defendant

Lay witness (p. 120) a citizen who testifies only to what he or she heard, saw, felt, smelled, or otherwise directly experienced

Legal standards of evidence (p. 121) standards requiring that evidence and the testimony of witnesses must be competent, material, and relevant

Hearsay evidence (p. 120) information about a crime obtained secondhand from another rather than directly observed

Plea bargaining (p. 115) the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit such as reduction of charges or dismissal of some charges

Preliminary hearing (p. 110) a hearing before a magistrate judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial

Pretrial motions (p. 110) are requests by the prosecutor or defense made in advance of the trial

Real evidence (p. 120) physical evidence, such as a gun, a fingerprint, a photograph, or DNA matching

Release on recognizance (ROR) (p. 114) provides for the pretrial release of the accused, based merely on the defendant’s unsecured promise to appear at trial

Rules of evidence (p. 118) administrative court rules governing the admissibility of evidence in a trial

Sentence bargaining (p. 116) the defendant negotiates with the prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea

Signature bond (p. 114) the release of a defendant based on his or her signature on a promise to appear in court, usually for minor offenses such as traffic violations

Statute of limitations (p. 116) legal limits regarding the length of time between the discovery of a crime and the arrest of the defendant

Taylor v. Louisiana (p. 123) ruled the exclusion of women from jury duty created an imbalance in the jury pool

Testimonial evidence (p. 120) the testimony of a witness

Unsecured bond (p. 114) releases the defendant based on his or her signing a promissory note agreeing to pay the court an amount similar to a cash bail bond if he or she fails to fulfill the promise to appear at trial

Voir dire (p. 120) the process through which a jury is selected from the members of the jury pool who have been determined to be eligible for service

Chapter Summary

A criminal trial is very complex event involving many participants who are doing work behind the scene. The three types of criminal trials occur in either state trials in courts of limited jurisdiction, state trials in courts of general jurisdiction, or federal criminal trials. Trials in courts of limited jurisdiction are brief and involve misdemeanor crimes. The majority of trials are conducted in state courts of general jurisdiction. The police and the prosecutor must work together to bring charges against the defendant.This relationship serves as a check and balance for the potential abuse of power. Prior to a trial, the court decides if the defendant is to be granted bail or denied because of concern for public safety. Given that many trials take months to reach the courtroom, the poor are many times at a disadvantage spending more time in jail than most awaiting trial. Prior to trial it is the court’s responsibility to assess the defendant’s competence to understand the charges against them. If the defendant is not competent to stand trial, the trial is postponed, while the court orders a series of psychiatric evaluations. The process of plea bargaining is a very important mechanism for reducing the back log of pending cases, and over 90 percent of defendants do plead guilty. Plea bargaining can focus on a reduction in charges or the on the length of sentencing. Because of the Speedy Trial Act of 1974, most defendants must be brought to trial within 100 days of arrest. This requirement places great stress on the resources of the prosecutor and the court to meet this expectation under the Sixth Amendment. Prior to the trial, both prosecutor and defense counsel to the case might make a number of pretrial motions, including: motions for continuance, discovery, change of venue, suppression, bill of particulars, severance of charges or defendants, as well as case dismissal.The court recorder records every word spoken at the trial for permanent record. The bailiff is responsible for security and escorting the jury. The prosecutor is responsible for presenting the evidence against the defendant. The judge determines what evidence can be presented to ensure that the defendant gets a fair trial. Defendants are entitled to court-appointed counsel if they cannot afford a lawyer.

Media to Explore

Go to www.uscourts.gov/districtcourts.html, the official Web site of the federal judiciary, for information about the district courts, including many links to other resources.

Go to www.bailacademy.org/index1.html to view training programs for bonds agents.

Go to http://criminal.findlaw.com/crimes/criminal_stages/criminal_pre_trial_motions/ for further information regarding pretrial motions.

Go to http://www.state.i.us/court/ for extensive information about the history and personnel of the state of Illinois court system. Each of the state courts will have a similar Web site that you can visit for information about the court system. For example, the Web site for California courts is http://www.courtinfo.ca.gov/courts/index.htm

Visit the Web site http://www.law.umkc.edu/faculty/projects/trials/hinckleyinsanity.htm for information concerning the insanity defense.

The American Bar Association provides information about the right to a speedy trial at http://www.abanet.org/crimjust/standards/speedytrial_blk.html