Courtroom Participants Duties Responsibilities during Criminal Trials Professional

Courtroom Participants Duties & Responsibilities during Criminal Trials

Professional Participants Judge Prosecutor Defense Attorney Copyright Texas Education Agency (TEA) 2

Para-professional Participants Bailiff Clerk Court Reporter Copyright Texas Education Agency (TEA) 3

Non-professional Participants Jury Defendant Victim Witnesses Copyright Texas Education Agency (TEA) 4

Professional Participants JUDGE � 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 Copyright Texas Education Agency (TEA) 5

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 Copyright Texas Education Agency (TEA) 6

Judges: How do they get their jobs? Appointed by the governor Popular election Hired Federal judges are appointed by the President Copyright Texas Education Agency (TEA) 7

Professional Participants PROSECUTOR Also called District Attorney State’s Attorney Copyright Texas Education Agency (TEA) 8

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 Copyright Texas Education Agency (TEA) 9

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 Copyright Texas Education Agency (TEA) 10

Defense Attorney Disputes claims made by the prosecutor Sentencing Files Appeals Argues Appeals May remain silent if no Prima Facia Case Copyright Texas Education Agency (TEA) 11

Defense Attorney (continued) TYPES OF DEFENSE ATTORNEYS Ø Private attorneys hired by a defendant Ø Court-appointed attorneys Ø Public Defenders Copyright Texas Education Agency (TEA) 12

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 Copyright Texas Education Agency (TEA) 13

Para-professional Participants (continued) CLERK Works directly with the trial judge Responsible for court paperwork and records before and during the trial Copyright Texas Education Agency (TEA) 14

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 Copyright Texas Education Agency (TEA) 15

Non-professional Participants JURY Selection: › Voir Dire › Challenges To the Array For Cause Peremptory Copyright Texas Education Agency (TEA) 16

Non-professional Participants (continued) DEFENDANT The “accused” The person against whom a criminal complaint or indictment is filed Copyright Texas Education Agency (TEA) 17

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 Copyright Texas Education Agency (TEA) 18

Non-professional Participants (continued) WITNESSES Sworn testimony received as evidence Have personal knowledge of the facts Types of Witnesses › Expert › Lay Copyright Texas Education Agency (TEA) 19

Witnesses EXPERT WITNESSES Have special knowledge and skills recognized by the court May express opinions or draw conclusions Usually paid Copyright Texas Education Agency (TEA) 20

Witnesses (continued) LAY WITNESSES Eyewitnesses Character Witnesses Not considered experts May testify ONLY to the facts Copyright Texas Education Agency (TEA) 21

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 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 utterances Copyright 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 crossexamination 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 Copyright Texas Education Agency (TEA) 28

Resources 020547893 X, Allyn & Bacon, Criminal Justice, 2006, James Fagin Law Focused Education, Inc. https: //www. texaslre. org/jury_game/jurygam e_intro. html Copyright Texas Education Agency (TEA) 29