Criminal Courts - Chapter 8

Criminal Defendants & Crime Victims 

• Judges, prosecutors, and defense attorneys receive most of the attention- each plays a direct and central role in criminal prosecutions. 

• Less attention is given to criminal defendants and crime victims 

  • Often treated as a nuisance by courts * workgroup member 

  • Considered as “clients” or “customers” by courts & members of the workgroup 

• Defendants and victims also play critical roles - through their decisions, they have the potential to significantly influence prosecutions 

• The court must balance its duty to the defendant and victims against the need to ensure that 

Criminal defendants

• Once someone is arrested for a suspected crime, they transform from “suspect” to “criminal defendant.” 

• The foundational roles of criminal courts (determine guilt and pronounce punishment) revolve around criminal defendants 

• Criminal defendants play crucial roles in the criminal court process, including, for example 

  • Make key decisions regarding their defense( whether to accept a plea offer & testify at trial) 

  • Ensuring that they abide by the formal & informal court rules, especially during just trials

Defendants in court

Criminal defendants are protected by numerous rights during the court process, which ensures that it is conducted in a fair manner. 

Right to speedy trial

The Sixth Amendment guarantees the right to a speedy trial in criminal prosecutions - defendants must be quickly processed, especially if detained pretrail 

Congress and state legislatures have formal, set limits in the number of days between a person’s arrest and & trail 

• 60-90 days for defendants in custody pretrail 

Limits are often exceeded because defendants can waive their speedy trial rights & frequently do so.

Examples or reasons for waiving speedy trial rights

• More time to prepare a defense 

• Increases the likelihood of the prosecution losing a witness

Right to be present at the trial

Criminal defendants have the right to be present at trial 

Based on two clauses 

• Confrontation Clause of Sixth Amendment - right to confront & cross- examine, generally face- to - facem, witnesses who provide testimony for the prosecution at trial 

• Due Process Clause of the 14th Amendment- unfair & against the spirit of an open court system, where defendants are presumed innocent, to conduct any significant part of a trial without the defendant being present 

The right may be forfeited 

• Defendant absconds (voluntarily & deliberately) before or during trial 

• Unruly, loud, & disruptive conduct by defendants 

• Defendants can also waive their right to be present at trial 

• If the right is forfeited or waived, the court may hold a “trial in absentia.”