CJ Chapter 5

Court security staff:

Provide security throughout courthouse

Sheriffs deputy:

Transports prisoners to and from jail

Bailiff:

Maintains order in courtroom; handles evidence

Judge

Officer who presides in a court of law

Law Clerk

Performs legal research for the judge

Clerk of Court

Record keeper, often summons jurors

Court Reporter

Makes verbatim trascript of proceedings

Secretary

handles routine work of judges office

Translator

renders text between language

Court adminstrator

Supervises/performs adminstrative taks for court

Docket Clerk

prepars case files, distributes legal documents to attourneys and judges, maintains records

Probation Officer

recommends defendants for probation and monitors their activities.

Pretrial services representative:

Handles the release of qualified pretrial detainees

Diversion program representative:

Recommends defendants for diversion programs such as drug rehabilitation and anger management programs and monitors progress in them

Bail agent:

Secures pretrial release of defendants for a fee

Reporter

Provides media coverage of key events

Defendant:

Person accused of violating the law

Victim:

Person who suffered a loss due to crime

Witness:

Anyone who testifies in court

Jurors:

Citizens who decide whether the defendant is guilty or not guilty

Rape crisis center representative:

Provides counseling and support services for sexual assault victims

Child advocate:

Person who speaks up for a child’s best interest

Court watchers:

Those who go to court to observe proceedings

Victim/witness assistance:

Public or private agency seeking to improve treatment program of victims and witnesses

Managers

Clerks of court: Prothonotary, register of probate, clerk

Chief judges

Court administrators

Targeted Acts of Violence in Courts

Metal detectors

Surveillance cameras

Assembly-Line Justice

A theory that courts process cases like an assembly line to increase efficiency.

Strengths of Assembly Line Justice:

Processes cases quickly

Court actors specialize in specific tasks, making the process faster

Weaknesses of Assembly Line Justice:

Routine administration

Fail to consider the types of cases trial courts must decide

Discretion

Used every time a decision is made, from offense to sentencing

The Courtroom Work Group

The group of courtroom professionals (primarily the judge, prosecutor, and defense attorney) who work together to process criminal cases efficiently.

Mutual interdependence

They depend on one another to move cases through the system.

Shared decision making

They work together on case outcomes, such as plea bargains and scheduling.

Socialization

They develop working relationships and learn courtroom norms over time.

Normal crimes

Most cases involve routine, everyday offenses rather than unusual crimes.

Rewards and sanctions

Cooperation is rewarded, while behavior that disrupts the process may be discouraged or penalized.

Variability

Every courtroom work group is different depending on the people, court, and local practices.

The Courtroom Work Group

Mutual interdependence

Shared decision making

Socialization

Normal crimes

Rewards and sanctions

Variability in courtroom work groups

Consequences of delay

Erodes public confidence in the judicial process; violates sixth Amendment right to a speedy trial

Assessing the costs of delay

Force defendants to enter detrimental plea bargains

Can force prosecutors to offer lenient agreements

Defendants skip court appearances

COSCA

one final deadline, sets one goal

ABA

step by step deadlines, usues benchmarks that gradually increase over time

Speedy-Trial Laws

Federal or state statutes that specify time limits for bringing a case to trial after arrest

Law-on-the-Books Approach to Court Delay

attempts to reduce court delays by creating speedy-trial laws, which are federal or state statutes that set time limits for bringing a criminal case to trial after an arrest.

Barker v. Wingo (1972):

Recognized the defendant's Sixth Amendment right to a speedy trial and established factors courts use to decide whether that right was violated.

Speedy-Trial Laws:

Require criminal cases to be brought to trial within a certain time.

Limitations of Law-on-the-Books Approach to Court Delay

Simply creating deadlines does not eliminate court delays because factors like heavy caseloads, limited resources, and scheduling problems still exist.

Case Close-Up: Barker v. Wingo (1972) case

involved the Sixth Amendment right to a speedy trial and showed that criminal case processing is more complex than simply following deadlines.

Three Key Points of Barker v. Wingo (1972)

Courts handle a large number of cases, which can cause delays.

Discretion is necessary because every case is different, and judges must interpret the law based on the circumstances.

Case outcomes depend on many courtroom participants (judges, prosecutors, defense attorneys, etc.), not just the judge alone.

Law-in-Action Approach to Court Delay

reduces court delays by improving how courts actually operate, rather than simply passing more laws.

Case Scheduling

Organizing cases efficiently to reduce delays.

Efforts at Coordination

Improving communication and cooperation among judges, prosecutors, defense attorneys, and court staff.

Variability in Courtroom Work Groups

Recognizing that each courtroom functions differently, solutions may vary by court.

Law-in-Action Approach to Court Delay

Case Scheduling

Efforts at Coordination

Variability in Courtroom Work Groups Revisited

Legal ethics is of critical importance because

the American legal system is based on the adversarial system

Lawyers are not allowed to

mislead the court, nor can they knowingly allow witnesses for their side to perjure themselves.

Highest court of each state is responsible for

enforcing the court’s ethical guidelines.