He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. 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. 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.
Marty (Marthena) Clabaugh CJA/224 December 6, 2010 Dr. Beverly Spencer Courtroom Participation Paper The courtroom group consist of several participates the prosecutor, the attorney for the defendant, the defendant, the judge, the baliff, the court reporter, the witnesses, and the jurors. All these participates play important roles in the justice system drama. Each work with one another in accordance with the laws and jurisdiction of the court. The prosecutor is central to the justice drama in their part as the district attorney the review cases within their jurisdiction. District attorney’s process cases, determine whether police have made arrests which are procedural and follow the rules.
The role of a prosecuting attorney is to review all evidence against a person or party and build a case against the person(s). A prosecutor is typically in charge of bringing criminal charges against a person(s) and presenting their evidence to a court to assure a conviction. They work directly for the district attorneys office of a jurisdiction and are responsible for presenting the state’s case against the defendant. The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are an affront to the public. The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case.
According to Legal Definitions.com, 2004-2007, no contest “refers to the defendant’s plea to the court that he or she would not fight against or dispute the allegations or charges filed against him or her.” If the defendant enters a plea of not guilty, and the crime committed is severe enough, the defendant may be applicable to with stand a jury trial. These crimes mainly include major drug trafficking, murder, kidnapping, etc. Steps in a Jury Trial The first step in a jury trial is the selection of a jury. Selection of a jury is a process that begins with a large group of individuals in the same room interviewed, and asked questions by a lawyer to determine his or her eligibility. The jurors must not withhold any personal biases and must be completely honest in his or her answers.
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
The judge oversees the trial from a bench which is on an elevated stage setting. The judge has five fundamental tasks in a courtroom. The first is simply to preside over the proceedings and ensure that order in the courtroom is upheld. The second is to make certain that the evidence that both the defense and the prosecuting party wish to present in the courtroom is legal and proper. Third, prior to the jury undergoing discussion about the facts in the case, the judge gives the jury guidelines about the law that relates to the case and the criteria that must be used in deciding the case.
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is sufficient evidence for a ‘prima facie’ case. The prosecution is required to produce evidence and witnesses. The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace.
These individuals are given the task of how to move the trial along and what types of sentences should be asked to the judge after the trial has taken place. There are several methods that prosecutors should employ to deal with crimes. One of these methods could be implementing diversion programs for criminals. Again, by placing such a program on the books this would put society more in charge of what is happening to criminals in their communities. Misconduct of Court Room Players In the courtroom, just as outside of the courtroom, there are always times in which misconduct of a courtroom player takes place.
Police are tasked with seeking out and locating individuals within a community who have committed a crime. They then cite or arrest that person based on probable cause that a violation of the law has been committed. Depending on the crime the police officer well have to write a report listing the facts on how the violator met all the elements of the crime. The report is then submitted to the district attorney’s office for review and prosecution. The officer may be called into court later to testify to the facts of the case.
The fate of another human being is in your hands. Now you have the jury. The jury sits there and hears everything that comes out of the case from both the defense and the prosecution and sums it all up. They then go and deliberate to see if they can come to a unanimous decision about whether the defendant is guilty or not. This can also have a moral dilemma involved.