Criminal Justice quiz 3

Judge

Has ultimate authority in the courtroom and oversees cases.

Main duties of a judge

Rules on law, decides objections, determines admissible evidence, and maintains courtroom discipline.

Admissibility of evidence

Determining whether evidence can be presented in court.

Judicial fairness

Judges ensure admitted evidence is fair to both sides.

How are judges selected?

By election or appointment.

Partisan election

Judges are elected through party-based elections.

Non-partisan election

Judges are elected without party labels.

Legislative selection

Judges are selected by the legislature.

Gubernatorial selection

Judges are selected by the governor.

Assisted judicial selection

Judges are selected with assistance from a screening or nominating process.

Appointed judge

A judge chosen through an appointment process.

Prosecutor

An attorney who represents the public in criminal cases.

Other names for prosecutors

District attorney, state's attorney, county attorney, commonwealth attorney, or solicitor.

Purpose of a prosecutor

To pursue criminal charges because crimes are offenses against the public.

Overzealous prosecution

Excessively aggressive prosecution, such as seeking publicity instead of justice.

Defense attorney

An attorney who defends an accused person against criminal charges.

Which amendment guarantees the right to counsel?

The Sixth Amendment.

Main duty of a defense attorney

Protect the defendant's constitutional rights and defend against charges.

How do defense attorneys challenge a case?

They challenge the strength of the prosecution's evidence and arguments.

Plea negotiations

Discussions about reaching an agreement regarding criminal charges or pleas.

Defense attorney's trial role

Represents the defendant during trial.

Defense attorney's appeal role

Prepares and assists with appeals.

Private attorney

A lawyer who works for a law firm or operates a private practice.

Court-appointed counsel

A lawyer appointed by the court to represent a defendant.

Public defender

A government-funded attorney who represents eligible defendants who cannot afford counsel.

Indigent defense

Legal representation for defendants who cannot afford an attorney.

Three methods of indigent defense

Assigned counsel, public defenders, and contractual arrangements.

Assigned counsel

An attorney assigned to represent a defendant who cannot afford one.

Public defender system

A system in which government-employed attorneys represent eligible defendants.

Contractual arrangements

A system where attorneys or firms are contracted to provide indigent defense.

Police officer's courtroom role

Testifies as a fact witness about what they saw, did, heard, or know.

Fact witness

A person who testifies about firsthand knowledge of events.

Expert witness

A person with specialized knowledge who provides expert testimony.

Who hires expert witnesses?

The prosecution or defense may hire experts to support their case.

Expert witness qualifications

Usually has specialized knowledge, such as a science-related background.

Witness list disclosure

Both sides must exchange witness lists before trial, according to applicable rules.

Bailiff

A law enforcement or court officer who helps maintain courtroom safety and order.

Main duties of a bailiff

Maintains order, secures witnesses, guards the jury, announces the judge, and prevents escapes.

Court reporter

Creates and maintains a record of what happens during a trial.

Clerk of court

Manages court records, documents, fees, fines, and administrative duties.

Court records

Official documents recording court proceedings and case information.

Jury pool

A group of potential jurors from which jurors are selected.

Subpoena

A legal order requiring someone to appear or provide evidence.

Non-professional courtroom participants

Victims, defendants, fact witnesses, and jurors.

Victim

A person harmed by a crime.

Victims' changing role

Since the late 1970s, attitudes toward crime victims and their role in the justice system have shifted.

Defendant

A person accused of a crime.

Defendant's courtroom responsibility

Generally must attend required court proceedings concerning their case.

Can defendants choose their attorneys?

They may choose their attorney when permitted and subject to applicable rules.

Defendant's role in their defense

Participates in defense decisions and works with their attorney.

Defendant and attorney confidentiality

Defendants decide what information to share, but withholding information can affect their defense.

Who decides whether to appeal?

The defendant

Who decides whether to plead guilty?

The defendant

Fact witness's role

Describes what they saw, heard, did, or know to help establish the facts.

Juror

A person selected to help make decisions in a legal proceeding.

Trial jury

A jury that evaluates evidence and decides facts in a trial.

Grand jury

A jury that determines whether sufficient grounds exist to bring certain criminal charges.

What do jurors base decisions on?

The evidence and information presented under the court's instructions.

Typical jury service duration

May be limited to one trial or one day, depending on the jurisdiction and court rules.

Professional courtroom participants

Judges, prosecutors, defense attorneys, police officers, expert witnesses, bailiffs, court reporters, and clerks.