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 Courtroom and the Courthouse In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victim, 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 to due process of law.
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.
Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty. A this time the defendant can waive his appearance for the arraignment if signed by both the defendant and the counsel. The written waiver is signed by both affirming that the defendant received a copy of the indictment stating the plea is not guilty, and the court has to accept the signed
This paper will identify the role of the courts in the criminal justice system today. The Courts and its Purpose The United States court system is a branch of the government that resolves legal disagreements through a legal, judicial manner. The courts use a process called the “Adversary Process” that helps to reach a decision in each case that is presented. In this method, the lawyers in the case present their side of the argument to a judge or jury. Each side presents their case.
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.
This essay will consider at the various advantages and disadvantages of the Jury within the context of the legal system. It will start by highlighting the role of the jury in a trial, of whom they are comprised, and how the system works. It will then go on to analyse on the advantages and disadvantages of the system, including illustrative evidence both supporting and opposing the jury system. Following this there will be a short summary, highlighting the main points of this essay and then a conclusion. A jury can be defined as a group of people (usually 12 in number) who have been selected to consider the issues of fact in a trail in a Court of Law, in order to make a finding as to an individual’s guilt or lack thereof to a standard which is either “beyond reasonable doubt” or “on the balance of probabilities”.
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. Fourth, the judge must also determine the facts and the outcome of the case. The fifth role the judge has is his obligation to sentence the accused. The Jury is composed of citizens that must hear the evidence presented by the prosecutor and decide whether there is enough evidence to indict the defendant of the crime.
Magistrates have a clerk sit in the cases and hearings with them. Their job is to give legal advice and assist the magistrate judge with the legal side of the case. However the lay magistrate is the only person who can make the decision as to whether the defendant is guilty or innocent. The lay magistrates are also allowed to sit in the high court to hear cases of appeal which are from the magistrate’s court. Also they can send the cases up to the high court if they feel they need more legal expertise.
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.