Courtroom Participants

In: Social Issues

Submitted By dannosdeal
Words 3832
Pages 16
Courtroom Participants
Team B: Sheena McCall, Idalia Gill, Neil Gabe, Billie Adams, and Dannielle Rea
October 31, 2011
Austin Dunham Weidner

Courtroom Participants
In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victims, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights of due process. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting.
Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue a warrant for his or her arrest.
During pre-trial motions, the judge rules on issues such as exclusion of witness testimony and evidence, change of venue, exclusion of the defendant’s confession, and case dismissal (LaMance, 2011). If a plea bargain is agreed upon by both the prosecution and defense at any point during the…...

Similar Documents

Media and the Courtroom

...Despite the fact that it is good for people to be aware of what is going on around them, there has to be a line to how much media can interfere into life of others. The presence of media in the courtroom assures that people would be informed of how the legal system works besides of being an observer of a fair and unbiased trail. But their presence in the courtroom with cameras, tapes, and other especial equipments would cause more harm than benefit. Freedom of speech in addition to people’s interest in drama of the courtroom stimulates media’s curiosity in legal matters, and sometimes this curiosity will defy the privacy of others. Media’s influence on public and especially on jury repeatedly has caused the change of the verdict, an example of this influence is a case from Capital Defense Network; “Conviction for murders, armed robbery and attempted rape with a punishment of death was reversed and remanded for retrial because juror read news accounts detailing defendant's prior assault of a woman with a hammer. Defendant's prior was excluded from trial because prejudice was found to be greater than probity with respect to this conviction.” [People v. Holloway. 790 P.2d 1327 (Cal. 1990).] Another example from Capital Defense Network that indicate how media involvement in courtroom and trails can waste time and money of the taxpayers, and more significantly change the aspect of justice for an innocent or a guilty person is, “Remand required where jury deliberations......

Words: 2179 - Pages: 9

Courtroom Participants’ Professional Standards

...Courtroom Participants’ Professional Standards In order for the legal system of the United States to work as intended by the constitution, it is vital for all participants of the legal system to their jobs in accordance with the law. From the bottom up, the police officers making arrests should not violate the rights of an individual or take law into their own hands. Any misconduct by the police will cause the public to loose trust in them. Then the prosecutors and defense attorneys must work in accordance with the law and make sure a defendant is given all the rights under the law and should not do anything to violate the rights of the individual. At the judicial level, the judges must keep personal feeling out of the courts and avoid any misconduct that might cause a reversal of the charges in appeal or cause the public to question and doubt the justice system. * * A man named Michael Wayne Hash was the victim of a prosecutorial misconduct case back in 2001. Michael was convicted of murdering a 74 year old grandmother. Michael was convicted of capital murder after prosecutors made deals with three other men that were tried and convicted of the same case. In this case, the prosecutors withheld or concealed evidence that could have freed Michael * of the charges against him. Prosecutors did not disclose to the defense council that the accusers against him failed polygraph exams and had made deals to testify against him. There was no DNA match to Michael......

Words: 676 - Pages: 3

Courtroom Players

...Courtroom Players Response There are several components or key players that work together to make a courtroom function; each role is needed to successfully complete a trial. There are two categories of participants in a trial: professionals and outsiders or nonprofessional courtroom participants. The group of professionals is what is known as a courtroom work group. A courtroom workgroup includes judges, prosecuting and defense attorneys, and many others who earn their living by serving the court (Schmalleger 2012, p.312). A courtroom work group must interact with each other on a daily basis in order to keep the courtroom functioning properly. The group must work together in order to form stable working relationships and work toward the common goal of effectively delivering justice. “Stable and familiar relationships among the group members are more likely to lead to close working relationships. This often leads to better negotiations, less reliance on formalities, more utilization of informal arrangements, and the creation of cooperative relationships. Group interactions play a significant role in the way that one group member responds to another” (Mays, Chapter 3, 2011). One of the major key players in the work group is the prosecutor. Schmalleger (2011) stated, the prosecutor is “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” (p. 315). The......

Words: 828 - Pages: 4

Courtroom Participation Paper

...Courtroom Participation CJA/224 November 3, 2010 Abstract Going through the criminal justice system could be a slow and painful process. To help expedite the process of the overwhelming number of cases that must pass through the system, an ensured relationship is formed in courtrooms between the main participants in the system (the judge, prosecutor, and defense lawyer). Other participants in the courtroom are the bailiff of the court, the clerk of the court, and the court reporter and thier roles are important also Additional participants include the victim, defendant, witnesses, and (depending on the case) a jury. Courtroom Participation Paper The United States have what is known as an adversarial legal system of justice, which is legal cases are contests between two opposing sides fully and forcefully presenting evidence and legal arguments. Almost all civil cases and a majority of criminal cases are heard by a judge exclusive of a jury. The judge is obligated to provide free and unbiased judgment of the facts and how the law applies to those facts. In all criminal cases if the defendant is found guilty of a crime, he is then sentenced by the judge. Depending on the severity of the crime the judge may impose a term of imprisonment or he may order the defendant to pay a fine. If a defendant who is convicted of a crime and faces five years or more he has the right under due process to request a jury trial. A jury is a group of citizens, which......

Words: 1020 - Pages: 5

Courtroom Roles

...Roles of a Courtroom There are many responsibilities when working in the government particularly when it is protecting the public’s safety and the sentencing of those who commit crimes. Matters such as adoption, divorce, juvenile matters, and custody are a few issues that must go through the court system. The individuals such as jurors, prosecutors, defense attorneys, witnesses, victims, defendants, and judges all play an instrumental role during the court process. In addition to these key roles, the courtroom clerk and reporter are administrative roles that allow the court rooms daily operations to run smoothly and keep a record of the preceding. Understanding that it takes these roles to work as a team all playing their part to accomplish the objective. The judge is the main authority in a courtroom. They are appointed differently in federal and state courts. In a federal court the judge is appointed by the President of the United States with the advice and approval of the Senate. The federal judge serves a life term unless he or she is impeached, retires, or dies. The state judge can be appointed by the governor but usually are required to run for election and voted by the people. The judge’s main responsibility in a courtroom is to safeguard the rights of the accused and the interests of the public. They oversee trials and ensure both parties are representing their case under the law ("Role of the Judge and Other Courtroom Participants ", n.d.). The judge......

Words: 1108 - Pages: 5


...Courtroom Observation Case White v. Gibbs John Simpson Louisiana Tech Abstract This paper observes the court case of White v. Gibbs in which Debbie White is suing Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act (National Conference of State Legislatures, 2014). Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendants. A summary judgment would allow for them to avoid going to trial only if the Judge sees fit to deem that there are no disputes to the material facts of this case (West Encyclopedia of American Law, 2008). The attorneys representing Mrs. White are Amanda Babbitt and Jackson Walsh. The attorneys for the defendants are Benjamin Walton and Jordan Van Meter.   Courtroom Observation Case White v. Gibbs The lawsuit arose from an incident where Mrs. White and her husband Bruno were having dinner at O’Malley’s Tavern. On that night there was another patron at the bar, Edward Hard, who was also Mrs. White’s ex-fiancé. During the court case we find out that Mr. Hard had shown a lot of animosity toward the White’s due to Mr. Hard and Mrs. White’s previous relationship. There was also a former altercation between Mr. White and Mr. Hard, and even though this had been resolved, Mr. Hard still showed this animosity. On this night, Mr. Hard had a bill from O’Malley’s Tavern in which he was charged for purchasing 13 alcoholic drinks. According to......

Words: 1400 - Pages: 6

Media in the Courtroom

...Media in the Courtroom COM 150 February 27, 2011 Media in the Courtroom In this day and age the public looks for information though the media to inform them on what is happening in the world today, but with all the different ways that we have to receive information via the newspaper, or TV news, should we also allow cameras onto our courtrooms? There have been several debates on whether or not cameras should be permitted in the courtroom during court proceedings even though the media feels that they have the right to inform the public about how the justice system works, while some feels that it is more for entertainment, and others feel that it is just an invasion of privacy on the part of the victim and the witnesses. In my paper I will examine both sides of the argument and leave it up to you to make your own decision on whether or not cameras should be allowed into the courtroom. The media has been reporting trials for decades by the use of newspapers and or radio. But in 1935 television broadcasted one of the first trials which they called “The Trial of the Century”. The trial that I am speaking about is the Lindbergh baby trial, it was a highly publicized trial that may have started the debated on whether or not cameras should be allowed into the courtrooms. From the day the trial started hundreds of reporters would flack to the court house in the town of Flemington, New Jersey. The media had gotten so out of control that judge Trenchard had to ban the use of all......

Words: 1177 - Pages: 5

Courtroom Workgroup

...Courtroom Workgroup Rick Jordan Courtroom Workgroup According to research outside the chapters in our textbook Criminal Justice Today, what I have found surprised me. The majority of my research suggests that the courtroom workgroup is comprised of an informal arrangement between the prosecutor, defense attorney, and the judicial officer. The basis for this is to keep the judicial funnel flowing and to avoid a backlog of cases. Their goal it seems is to keep the cases from going to trial and reach a guilty plea. By means of a plea bargain, convincing the defendant that he would face a greater sentence if convicted, or by reducing the charges in hopes that the accused will plea out. Because the prosecutor may not be able to convict beyond a reasonable doubt. The courtroom workgroup according to our textbook has two separate entities. The professional courtroom participants and the nonprofessional participants. The professional courtroom participants consist of the Judge, prosecuting attorney, defense attorney, bailiff, clerk of the court, court reporter, and the expert witness. The judge holds the ultimate authority and is responsible for maintaining discipline in the courtroom. Also, hands down the punishment once a guilty verdict is rendered. The prosecuting attorney is the state’s attorney and is responsible for presenting the case for the state. The defense attorney is responsible for defending the accused, and to make sure his civil rights are not violated. The......

Words: 980 - Pages: 4

Courtroom Observation

...BUSI 301 COURTROOM OBSERVATION PAPER Indiana Northern District Court Case Number 82a04-8876-cv285 Plaintiff: Deborah White Plaintiff representatives: Walsh Jackson and Amanda Babott Defendant: Patrick Gibbs and O’Malley’s Tavern Defendant Representatives: Benjamin Walton and Jordan Van Meter Defendant Council Overview: Jordan Van Meter and Benjamin Walton are representing the defendant who is Patrick Gibbs and O’Malley’s Tavern. The representing defense suggests that the Court give a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of...

Words: 1625 - Pages: 7

Courtroom Work Group

...Courtroom work group Ronald A. Tonelli University of Phoenix The Criminal Justice System CJA/204 JEROME SIMPSON JR. Courtroom work group Across The United States of America and in every State, County and City criminal justice system, a Courtroom Workgroup has a familiar understanding between the prosecutor, defense attorney, and the judge. This concept of criminal justice describes the seemingly confrontational courtroom participants as colleagues serving within the criminal justice system. Eisenstein and Jacob in 1977 studied the interactions of court members at all levels they came up with the courtroom work group. The three individuals have totally different jobs and responsibilities than the other two, they work separately from one another toward their personal goal but work together for a common goal “justice”. The biggest change I would make in the system would be to add more judges and courts on all levels of the criminal justice system to help with the overload of today's society. With more courts, we would be able to ensure quicker court dates for the accused. This change would free up a lot of money due to people not sitting in jails, and the cost per day per person is around $234.00. Think of how much we could put into programs to help prevent crime with that amount of money saved. The judge ensures all follows the laws of the court and its procedures in the courtroom. He will address all objections place before the court either overruling or......

Words: 1157 - Pages: 5

Courtroom Participants’ Professional Standards

...Courtroom Participants’ Professional Standards Name CJA 224 Date Professor When entering a courtroom the main common goal is to have a guilty or not guilty verdict. While being in the courtroom you can come across some participant that are in misconduct, which can have a serious consequence. Courtroom misconduct can go any where from making improper remarks or improperly introducing evidence designed to prejudice the jury. Prosecutorial misconduct violates court rules or ethical standards of law practice. Hiding, destroying or tampering with evidence, can also have serious consequence, which is taken very seriously in the courtrooms. If the prosecutorial fails to disclose evidence that might tend to exonerate the defendant, threatening, badgering or tampering with witness can also, lead to jail time. Acting in these action can lead to them being disbarred and fined. The due process control model and the crime control model in evaluating the judicial process. Prosecutors have a big responsibility within the criminal justice system. They act as the legal representatives of the government when cases are filed against people who violated the law. It is essential for prosecutors to ensure that the evidence is sufficient before they bring the case to the court. The standards set by Strickland v. Washington will also be clarified by describing it and its effect on courtroom cases. These guidelines and procedures cover rules in handling evidence, code of ethics...

Words: 1054 - Pages: 5


...Courtroom Participation Lumengo McGhee -Houston CJA/224 November 24, 2010 Bruce Cartwright Sr. Courtroom Participation The defense attorney represents the defendant, the person accused of committing a crime or a wrongful act. Criminal defendants who are unable to come up with the money for to hire a lawyer are allowed to have the judge appoint them a lawyer who is then paid with public funds. The courtroom deputy or courtroom clerk administers the oaths to the witnesses, marks the exhibits, and generally helps keep the trial running efficiently. The courtroom deputy is employed by the clerk of the court. The clerk of the court is selected by all of the active judges on the court and works closely with the chief district judge, who is responsible for the court's overall administration in the courtroom, the parties may be present at the counsel tables with their attorneys. The accused in a criminal case has a constitutional right to be present. Parties in civil cases may be present if they wish, but are often absent. The plaintiff's attorney represents the person or company, or the government, which filed the complaint. In criminal cases, a United States attorney represents the administrative branch of the government. United States magistrate judges are court officers who support district judges in preparing cases for trial and administer some of the discovery process. They may also be in charge of over less serious criminal trials, and, when both......

Words: 1206 - Pages: 5

Courtroom Participation Paper

...Courtroom Participation Paper Courtroom Participation One of the core components to the criminal justice system is the judicial system. The judicial system consists of participants who have specialized roles that are associated with the courtroom. There are 10 basic roles that the participants play which include; judge, prosecutor, defense counsel, bailiff, court reporter, clerk of the court, witness, jury, defendant, and spectators. The judge has the ultimate authority in the courtroom, and is used to protect both the rights of the accused, and the best interest of the public. Courtroom participation is an important aspect, and is necessary in helping to secure the rights which are protected under the United States Constitution. The courtroom work group works together, and is guided by ethical considerations, and statuatory requirements that are bound by law (Siegel, Schmalleger & Worrall, Chapter 7, 2011). There are professional, and nonprofessional participants that help to make sure that everyone is guarenteed a fair, and just trial. This paper discusses the important roles that each particpant plays in the judicial system. Each member of the courtroom has duties, and responsibilities that help in the procedures that are established in court proceedings. Courtroom Participants And Their Roles The courtroom arena is equipped with different players who make up the core of the court system each player posses a different......

Words: 1401 - Pages: 6

Court Participant

...Court Participants Paper CJA 224 Professor Ross Kucera The court serves as the primary role in the United States criminal justice system. In addition, the courts are a factor in the lives of American residents. For example, juvenile matters, custody, estate, adoption, divorce, and marriage are all issues, which must bypass the court system. In particular, courtroom participants are key factors in determining the results of civil and criminal cases. The key players involved with the court proceedings include jurors, lawyers, witnesses, victims, defendants, and judges. In addition, there are other courtroom participants are very important to the daily operation of the courtroom. Media attention and documentation is designated to courtroom reporters, interpreters, and speculators. Are also important people to acknowledge what it takes to be an active in order for the United States Legal system to work efficiently? The Roles of the Judge and Other Courtroom Participants The Judge The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained while court is in session. The second is to determine whether any of the evidence that the parties want to use is either illegal or improper. Third, before the jury begins it’s deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to......

Words: 854 - Pages: 4

Individual Courtroom Participants

...Individual Courtroom Participation Individual Courtroom Participation The courts are filled with cases that depend on courtroom participation from key players to assure these cases will be prepared, presented, argued, ruled on and closed in the most effectively efficient way possible. The key players include the prosecutor who considers the charges, the defense lawyer who is selected to defend against these charges, a judge and jurors who are assigned to hear the case, victims and defendants who are having their sides of their story told for vindication or punishment. (Meyer, Grant 2003). A prosecuting attorney has the trusting responsibility of preparing and presenting cases on behalf of societies on federal and state levels. In these cases, society is the victim of the wrongdoing and the accusers are confronted by the governments ‘ministers of justice’ whose purpose is to ensure the guilty are punished for their crimes and the innocent are protected from unjustified prosecution. There are different types of prosecuting attorneys that are selected in a variety of ways. The U.S. Attorney General holds the highest ranking position of law enforcement in the country. Selected by the president of the United States, this position is confirmed by the senate. The Attorney General has no set term to serve and does so at the pleasure of the sitting president currently holding that office. Of the 94 federal judicial districts, an attorney general is appointed to each to...

Words: 1035 - Pages: 5